o Should I be the first to file a divorce? It doesn't usually matter who files first.
o Where do I file? In the majority of situations, if you are the first to file, you must file in the county where the other party lives. An exception exists where a spouse leaves the county where the parties resided together during marriage and the divorce is filed within six months of separation.
o I want a legal separation, what to I do? Legal separation is more of a fact than a thing you obtain. If intend to be separated and are not engaging in a "marital relationship," then you are legally separated even if you are living in the same residence. However, resuming relations ends the separation.
oWhy did the other party ask for so much? Most fillings follow the same format, and most attorneys use the same form for all of their cases. Sometimes a party believes it is better to ask for more than they really expect so they can bargain.
o What are the chances my case can be settled? This question depends a lot on you and your spouse and whether you and both willing to reach an agreement. Most cases do settle without going to court.
o What about Mediation? Mediation is a process, usually ordered by the court where the parties and their attorneys meet with a neutral person who will help the parties try to resolve the case before court.
o How long will my case take? While every case is different, most cases are closed in three to four months. If the case is settled, it can be finished in as little as 31 days. However, some cases take several months.
o Nothing is happening in my case; what can I do? You are entitled to know the status of your case. There may be "behind the scenes" action, such as responding to the other party's attorney, scheduling, or delays caused by court calendars. Talk to your attorney or our assistant.
o Can fathers get custody? Both parents are equally entitled to seek custody of children. Increasingly, the courts are considering joint custody schedules which allocate time between parents more equally than traditional visitation schedules.
o What factors determine custody? There are many: existing emotional ties between each parent and the child and between the child and other siblings; the ability of each parent to give the child love, affection, guidance and education; each parent's knowledge and familiarity of the child's needs; the capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent; the home environment of each parent; the desirability of maintaining continuity for the child; the stability of the family unit of each parent; support systems within the community to benefit the child; the mental and physical health of each parent; the parents' involvement, or lack thereof, in the child's educational, social, and extracurricular activities; each parent's employment schedule and related flexibility or limitations, if any, of a parent to care for the child; the home, school, and community record and history of the child, as well as any health or educational special needs of the child; each parent's past performance of parenting responsibilities; the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent; the recommendation by a court appointed custody evaluator or guardian ad litem, if any; any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and any evidence of substance abuse by either parent.
o I signed my child's birth certificate, but the mother and I were not married, is my child legitimate? If your child was born in Georgia before July 1, 2006, no. You must file an action in court to legitimate you child and obtain rights to custody or visitation. If your child was born after July 1, 2006, you may still have to file to obtain custody rights.
o Will I have to attend any mandated seminars? Yes, generally every court is requiring parties who have minor children to attend a "Coping with Divorce" seminar. The cost for this seminar is generally $50.00 and takes 4 hours to complete.
o How is child support decided? Since 2007, child support is determined based on the income of both parents and is no longer a simple percentage of the non-custodial parent's income. Factors affecting support include the income of each parent, the cost of child care and insurance, in some cases whether a party has other children or pays support to other children, and the parties' parenting time schedule.
o If we have joint custody, do I still pay (or get) child support? That depends on the parties' income and some of the other factors listed above. Usually, there is some support even in joint custody cases, especially when the parties' incomes differ.
o What does "joint custody" mean? There are three general areas of custody: Legal, physical, and primary. Legal custody involves the right to educational and medical information and the right to make decisions regarding a child. Most parties have joint legal custody unless there are substantial issues of substance abuse, criminal behavior or similar reasons a court would decide a parent should not share in decision making. Primary custody is a term used either to designate who has physical custody a majority of the time, to make decision when the parties cannot agree, or both. Physical custody is the time the child spends with each parent.
o Can I date during a divorce? No, you should not date during a divorce. You are married until the date the divorce is granted, and dating may provide a basis for claims by your spouse which can negatively affect custody, support and monetary issues in the divorce. Dating generally will also aggravate your spouse, making settlement more difficult and increasing the cost of litigation.
o Can I get Alimony? Alimony is not awarded frequently. It is based upon the standard of living established during the marriage; the duration of the marriage; the age and the physical and emotional condition of both parties; the financial resources of each party; the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment; the contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party; and the condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties. Alimony is generally awarded in long marriages where one party has little or no earning potential, education or job skills, and the other party has high income. It can also be awarded, for example, where one party has stayed home for several years to care for children and must return to school to finish a degree or learn a trade.
