Practice Areas

What is the Definition of Alimony?

Alimony, which may also be referred to as spousal support, are payments made from one spouse (or ex-spouse) to another for their support.

In Georgia, alimony is not a right, but it can be appropriate in certain situations and awarded over time or in one lump sum after a divorce settlement. The award of alimony will not be solely based on the needs of one spouse, but also the ability of the other spouse to pay alimony.

What Factors Are Used to Determine an Award of Alimony in Georgia?

When determining whether alimony is to be awarded, courts may consider a number of things, including:

• One spouse's ability to pay
• The standard of living enjoyed by the couple
• The dependent spouse's ability to secure employment
• Whether the requesting spouse worked during the marriage
• How long the marriage lasted
• The income, assets and debts of each spouse
• The earning potential of each spouse
• The age of each spouse at the end of the divorce
• Marital fault

Types of Alimony in Georgia:

Georgia's two types of alimony are permanent and temporary. Each type of alimony may be paid in periodic (weekly/monthly) or lump sum payments.

Types of Custody:

Legal Custody:

Under Section 19-9-22 of the Georgia Code, legal custody refers to the person who is the primary caregiver of the children and has the legal authority to make decisions on their behalf regarding matters such as their education, development, healthcare, and religious upbringing.

Physical Custody:

Under Section 19-9-3 of the Georgia Code, physical custody refers to where the child lives and the rights of the parents to visitation. Neither parent has automatic rights to physical custody.

How is Child Custody Determined?

The courts will make a decision that is in the best interests of the minor child. While making the decision of custody, the courts may consider many factors including the following:

• Safety of child
• Any history of abuse
• Age and sex of the child
• Parents' ability to care for the child
• Parents' ability to co-parent
• Wishes of child

Parenting Plans in Georgia:

In Georgia, parenting plans are required for any case regarding child custody such as divorces and legitimations. Parenting plans act as an order to set forth custody, visitation, holidays, summer visitation, exchange locations, special occasions and methods of communications.

What Age Can My Child Choose Who to Live With in Georgia?

Section 19-9-3(a)(5) of the Georgia Code allows children aged 14 and older to choose their custodial parent. The Court may deny the child's choice if it deems that their decision is not in their best interests. Additionally, children between the ages of 11 and 14 may also make a request to live with a specific parent.

How Long Do You Have To Pay Child Support in Georgia?

Georgia law requires both parents to support their child until the child reaches the age of 18, dies, graduates from high school, marries, emancipates, or joins the military. However, it is important to note that child support could extend past the age of 18 if the child is still in high school at the time the child reaches the age of 18.

How is Child Support Calculated in Georgia?

Child support guidelines in Georgia are based on a formula that considers the combined incomes of both parents. The combined monthly income identifies the presumptive amount of child support, which may be found using the child support table. The presumptive amount is multiplied by the percentage of income brought in by the person paying child support. This factored number is usually the amount of child support to be paid each month.

To calculate child support in your specific case, you may use Georgia's Child Support Calculator.

After a divorce, legitimation or custody case is finalized, the court will issue an order that parties must follow. When one party doesn't follow the order, they can be held in contempt of court.

Types of Contempt:

The two types of contempt are civil and criminal. Penalties of criminal contempt may include jail time or fines. Penalties of civil contempt may include an award of attorney's fees, forcing a party to return to the state, making up parenting time, etc.

Types of Divorce:

Uncontested Divorce:

An uncontested divorce is where the parties agree on all issues of the divorce and may be granted 31 days after all divorce documents have been filed. Uncontested divorces are usually the quickest and most affordable divorces to obtain.

Contested Divorce:

A contested divorce is where there are disagreements about any factors of the divorce. Some of these factors may include how assets or debt should be divided, custody of children, alimony, etc. Contested divorces are extensive and can continue for a significant amount of time.

Contested Divorce Process in Georgia:

1. Step 1: One party files a Complaint for Divorce
2. Step 2: Opposing party is served with a copy of the Complaint for Divorce
3. Step 3: Opposing party responds with an answer within 30 days
4. Step 4: Discovery process begins and continues for up to 6 months
5. Step 5: The parties may have temporary hearings if necessary
6. Step 6: Mediation and attempt to reach a settlement agreement
7. Step 7: Final divorce trial if settlement was not possible

How Will Assets Be Divided During a Divorce in Georgia?

In Georgia, assets obtained during the marriage are considered marital property and are subject to equitable division. Although equitable division does not require that the division be equal, it does require that it be fair.

Marital Property vs. Separate Property

Marital Property:

• Purchases during the marriage (homes, land, RV's, vehicles, furniture, etc.) — it does not matter who has their name on the deed/title
• Income during the marriage
• Retirements earned during the marriage

Separate Property:

• Gifts received at any time
• Any property acquired before the marriage
• Inherited property (even if received during the marriage)

Can Separate Property Convert to Marital Property?

Yes, under certain circumstances separate property can convert to marital property in Georgia.

What is Legitimation?

In Georgia, if a child is born out of wedlock, the father must file a legitimation action to legally establish a relationship with his child. Even if the father's name is on the birth certificate, a legitimation action will be necessary if the child was born out of wedlock. This often includes custody, visitation and decision-making abilities for the father. Once a child is legitimated, the father's rights to his child are legally recognized.

How Do I Legitimate My Child?

If the parties consent to the legitimation, they may submit their agreement to the court. If the parties do not agree, or the father is unsure whether the mother may consent, the father may file a Petition for Legitimation in the county where the mother and child reside.

After filing the Petition for Legitimation, the court will hold a hearing and make decisions regarding the best interests of the child.

Does Legitimation Really Matter?

In Georgia, if a child is born out of wedlock, the mother has exclusive physical and legal custody rights until the father legitimates himself. It is very important for fathers to legitimate themselves to establish a legally recognized relationship with the child. Doing so will allow the father to exercise visitation, make decisions regarding the child and obtain custody.

What is Paternity?

Generally, custodial mothers initiate paternity actions to establish child support. Paternity actions usually do not automatically establish custodial rights for the father, but may be addressed in the action if the father raises the issue.