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Georgia Divorce Lawyers

Written by Joseph E. Cordell on .

The divorce process can be a difficult time for anyone involved, both emotionally and financially. For men in Georgia, it can feel overwhelming, especially if they have a complex divorce case. Georgia courts might seem like they have a bias in many divorce proceedings. As a result, men may worry about losing assets, income, and time with their children.

Georgia’s family laws make no distinction between men and women in matters like child custody and property division, but that does not mean that the courts treat everyone equally all the time. If you try to face the legal system alone, you may risk an unfair outcome. Divorce is stressful, and divorce law is complicated. The good news is that high-quality representation is available.

Cordell & Cordell is an aggressive, experienced divorce law firm that advocates for men in Georgia divorce cases. We can help your voice be heard in court.

Why Choose Cordell & Cordell for Your Divorce in Georgia?

The divorce lawyers at Cordell & Cordell have more than thirty years of experience representing men in divorce cases. We have dedicated our practice to legal issues that affect men in family law matters, including fathers’ rights in child custody cases and fair distribution of marital property.

Men may face a certain amount of bias in Georgia divorce cases, which are often based on ideas about the different roles of men and women in our society:

  • Men have traditionally been the “breadwinners,” which can result in court orders for property division, alimony, and child support that favor the wife.
  • Women have traditionally cared for the children, which can lead to child custody decisions that seem unfair to the fathers.

Georgia law gives both spouses a fair chance in a divorce or other family law case. Our firm takes an aggressive approach to making certain that the courts respect our clients’ legal rights. We advocate for our clients just as zealously when discussing settlement agreements as when we argue cases in court.

Client Experiences

“My attorneys have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. My attorneys treated me as a person and not just as another case. I felt they were concerned about the issues I was personally facing and that meant a lot to me. Thank you!” — Brian H.

“His ability for depositions was great. He’s really good with questions and keeping things on track and organized mentally. He’s a great attorney.” — Jonathan U.

Understanding Georgia’s Divorce Process: What Men Need to Know

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A Georgia divorce case involves several important issues that affect men, including child support and custody, spousal support, and property division. Cordell & Cordell has extensive experience representing men in these matters.

Divorce vs. Legal Separation

It is possible to separate without going through a full divorce. Georgia’s version of “legal separation” is known as “separate maintenance.” A legal action for separate maintenance is similar to a divorce. Spouses can live apart and address issues like child custody, visitation, child support, and spousal support without officially divorcing. People may choose this option for religious, financial, or other personal reasons. For example, a couple might want to get a divorce, but they must maintain a legal marriage to keep healthcare coverage.

Divorce Residency Requirement

To file for divorce in Georgia, either spouse must have been a resident of the state for at least six months before filing.

Grounds for Divorce

Georgia allows for both “no-fault” and “fault-based” divorce. No-fault divorce is based on the assertion that the marriage is “irretrievably broken.” Fault-based grounds include:

  • Adultery;
  • Desertion;
  • Mental incapacity; and
  • Cruel treatment.

Interestingly, adultery is technically still a misdemeanor crime in Georgia, although the state has not prosecuted anyone for it in several decades. Still, if someone is accused of adultery in a divorce, it could be advisable to “plead the fifth.” This helps them remain silent on otherwise embarrassing and sensitive issues. Because divorce is civil, not criminal, though, a court can infer guilt from the person’s refusal to answer.

Property Division During Divorce

Georgia is an “equitable division” state. A court will divide marital property fairly but not necessarily equally. Factors that a court may consider when determining an equitable division of property include:

  • Each spouse’s financial circumstances;
  • Each spouse’s contributions to the marriage, financial and otherwise; and
  • The length of the marriage.

Courts in Georgia will presume that anything earned or acquired during the marriage is marital. Some property acquired during a marriage remains separate, such as inheritance. The spouse receiving that property must keep it separate from marital property.

Equitable division may not feel fair in some cases. Judges often take non-financial contributions into account. For example, suppose that one party has been the stay-at-home caregiver for the children while the other has been the breadwinner and responsible for paying the bills and saving for the parties’ futures. All retirement and savings will likely be held in one party’s name. When it is time to distribute those assets, almost everything will come from that person’s side of the equation with little to no offset from the other party’s assets.

Identifying and Dividing Assets

This process typically involves several steps:

  • Inventory Assets: Compile a comprehensive list of all assets, including real estate, bank accounts, retirement accounts, vehicles, investments, etc.
  • Determine Ownership: Is each asset separate property or marital property?
  • Valuation: This may require professional appraisals for assets like real estate, businesses, or valuable personal property.
  • Division: If the parties are unable to negotiate a fair division, a judge will determine the division of the assets.
  • Formalization: If the parties reach an agreement on property division, they can formalize it in a written settlement agreement that will be incorporated into a court order.

Protecting Your Assets and Rights in a Georgia Divorce

The following strategies can help you protect your assets and secure a fair financial settlement in your divorce.

Prioritize Your Assets

Divorce is not about “winning.” Everyone stands to lose when it comes to dividing assets and splitting time with the children. No one comes away from a divorce with more than before. The real question is how much you are willing to give up. People who understand this earlier rather than later usually have an easier time.

You can start by identifying the assets that are most important to you. Organize these assets by priority. Let your divorce attorney know as soon as possible so they can prepare a strategy. If you aren’t sure, your attorney can help you explore your options.

Consider your personal circumstances and goals when deciding which assets to prioritize.

  • If post-divorce cash flow is a concern and you have an asset that can produce revenue, such as rental property, it might make sense to prioritize that asset.
  • If you have an asset that costs you money, like a boat that is always breaking down, you might deprioritize that asset.

Related: Are Gifts Between Spouses Subject To Division In A Georgia Divorce?

Identify and Protect Valuable Assets

Be sure to note any assets that have particular value. This could mean financially valuable assets as well as assets that have great personal value, such as family heirlooms.

Create a Domestic Asset Protection Trust

An asset protection trust is a specialized irrevocable trust that can insulate your assets from creditor actions, including lawsuits. You cannot use it to hide marital property from your spouse, but it can protect nonmarital property from the divorce case.

Establish a Postnuptial Agreement

You and your spouse can sign an agreement after you get married regarding matters like division of marital property. If you think you might be headed toward divorce, but you and your spouse are able to discuss the matter amicably, a postnuptial agreement can help you avoid a messy fight further down the road.

Review Any Prenuptial Agreements

The best way to prioritize and protect your assets is with a prenuptial agreement signed before the marriage. This can be a very cost-effective way to organize your assets, even if you never get divorced.

Understand Community Property Laws

Georgia is not a community property state. Instead, this state uses the “equitable distribution” approach to property division. A court will divide marital property in a way it deems fair.

Remember that “equitable” does not necessarily mean “equal.” Courts do not have to divide marital property exactly 50/50.

Keep your Inheritance Separate

Under Georgia law, any assets that you inherit during marriage remain your separate property. If you combine those assets with marital property, however, they could become marital property, too. It is important to keep any inheritance separate from other assets. If you inherit a sum of money from a relative, for example, you can set up a separate bank account for those funds.

Start Separating Bank Accounts

You cannot conceal assets from your spouse when preparing for a divorce, but you can begin separating assets that are under your direct control. Creating a bank account for your exclusive use can help you avoid messy financial problems once the divorce is underway.

Georgia Alimony (Spousal Support)

A court may award alimony, also known as spousal support, based on factors like:

  • The duration of the marriage;
  • The standard of living during the marriage; and
  • Each spouse’s financial resources and earning capacity.

Georgia Child Custody

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Georgia courts look for the best interests of the child when determining child custody. Factors that the court considers include:

  • Which parent has been the child’s primary caretaker;
  • The child’s relationship with each parent;
  • Each parent’s ability to provide for the child’s needs; and
  • The child’s wishes, if they are old enough to express them.

Winning Custody: Overcoming Bias and Fighting for Your Rights as a Father

Child custody cases are extremely important. The outcome of your custody case will determine your access to your children in the future.

One of the greatest challenges fathers face in custody cases is when the mother has often been the one to:

  • Take the children to doctor’s appointments;
  • Transport them to and from daycare/school;
  • Stay home with them when they’re sick;
  • Address school issues;
  • Plan birthday parties;
  • And so on.

This can put a father at a disadvantage in a custody case. You need to take an active role in your children’s lives and not allow their mother to perform all these duties alone. It is helpful to your custody case, it is good for your children, and it can help you avoid the stress, anxiety, and depression that often afflicts men involved in custody battles.

Having a dedicated Georgia divorce attorney during a custody case is also vital. You need someone by your side who deeply knows the Georgia legal system and can guide you through the divorce process. An experienced family law attorney can help you avoid mistakes and advise you on what you should and should not do before, during, and after a custody case.”

Child Support

Georgia calculates child support using the “Income Shares Model,” which considers the gross incomes of both parents. The child support calculation also considers actors such as:

  • The number of children;
  • Work-related childcare costs;
  • Health insurance costs; and
  • Extraordinary expenses related to the children’s needs.

The Georgia Child Support Guidelines provide a formula based on these factors, which courts must use when calculating child support.

Divorce Temporary Orders

A court can enter temporary orders while a divorce case is pending. These typically address issues like:

  • Child custody
  • Child support
  • Alimony
  • Possession of the marital home
  • Payment of debts

Temporary orders remain in effect until the divorce is finalized. It is often advisable to remain in the marital residence until you have reached an agreement on these issues.

Divorce Mediation

Mediation is typically required in divorce cases involving disputes over child custody or visitation. It can help the parties reach a settlement without going to trial.

Divorce Trial/Final Hearing

The time it takes to get to trial for a divorce in Georgia can vary. Uncontested divorces can take as little as 31 days when both parties agree on all terms. For contested divorces with disputes over issues like child custody or division of assets, it can take as much as a year or longer. Factors such as case complexity and court availability can affect the timeline.

Speak to an Experienced Georgia Divorce Attorney

A divorce lawyer who knows Georgia law can advise you of your options and give you an idea about what to expect. Cordell & Cordell’s aggressive litigation approach can help protect your rights and interests in a divorce.

Unique Resources Offered by Cordell & Cordell

At Cordell & Cordell, we care deeply about every client we represent. We offer resources that can help current, past, and potential future clients at any stage of the divorce process. Please check out the unique resources we offer:

Real Experiences: How Cordell & Cordell Has Helped Change Fathers’ Lives

We have advocated for father’s rights in a wide range of family law cases. We’ve even represented fathers and even grandfathers in protecting their rights to custody of their grandchildren when a custodial parent is incarcerated or guilty of domestic violence. Courts in Georgia must find that a child custody order is in the child’s best interest. Evidence of domestic violence weighs heavily against a parent. We successfully argued that a grandfather could best care for the children.

If you are facing a similar situation, please reach out to our team to learn about your legal options.

More Questions on Divorce Law in Georgia

Check out our comprehensive FAQs page on Georgia divorce laws, where we explore the answers to the following questions:

Ready to Stand Up for Your Rights?

Facing divorce in Georgia doesn’t have to mean losing everything. With Cordell & Cordell, you have a team of dedicated, aggressive lawyers ready to fight for your financial and family interests. Don’t represent yourself in court; let us be your advocate and ally in court. Contact us at 866-DADS-LAW or fill out our contact form today to discuss your case and how we can help.

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Alpharetta Divorce Attorneys

Written by Joseph E. Cordell on .

Divorce rates in Georgia are higher than the national average. The process of divorce usually carries financial and emotional stress with it.

Divorce has several impacts, and the dynamic of your family will change. Important questions about assets and custody of children will be settled during this time, making it crucial that you understand Georgia laws around divorce.

While the process for divorce can be difficult, Cordell & Cordell’s experienced law firm for men is ready to assist in your divorce.

Contested vs. Uncontested Divorce in Alpharetta

If you are facing a divorce in Alpharetta, you and/or your spouse can pursue either an uncontested or contested divorce.

Uncontested Divorce

An uncontested divorce is much like it sounds – you and your spouse both agree on all aspects of the divorce. Uncontested divorces are usually easier, are resolved outside a courtroom, and are finalized more quickly than contested divorces.

Contested Divorce

If you and your ex do not agree on one or more legal issues associated with your divorce, you have a contested divorce. Sometimes, contested divorces can be resolved through mediation, but if you are unable to reach an agreement on all issues, then a judge will make the decision on the unresolved issues..

Grounds for Divorce in Alpharetta, Georgia

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Georgia does not require a specific waiting period before filing divorce. While you do not have to wait to file, it’s important to know Georgia does have residency requirements under Ga. Code § 19-5-2. You, or your spouse, must be a resident for at least six months before filing for divorce. The state allows you to file for either a “no-fault” or “fault-based” divorce.

Fault Divorce

States allowing fault-based divorces usually stipulate what grounds one party can use to file for divorce. In Georgia, fault-based grounds include adultery, desertion, mental incapacity, and cruel treatment.

No-Fault Divorce

No-fault divorces are based on the assertion a marriage is “irretrievably broken.” Essentially, this asserts both spouses cannot get along and there is no reason to believe things will change in the future.

Alimony in Alpharetta

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Georgia allows for one spouse to pay the other alimony. Alimony, also referred to as spousal support, is not a guaranteed aspect of divorce, but one spouse may be awarded support based on factors set forth by statute. Courts typically consider factors such as:

  • The duration of the marriage
  • Standard of living during the marriage
  • Financial resources of each spouse
  • Individual earning capacity of each party

When determining alimony, a judge may also consider the needs of both parties and their ability to sustain their living situation.

How Assets Are Divided in Alpharetta

Georgia, like many other states, follows an equitable division approach in its divorce laws. This means marital property will be divided fairly, but this does not mean the division will necessarily be equal. Factors the court considers include:

  • Each spouse’s financial circumstances
  • Financial contributions to the marriage
  • Non-monetary contributions to the marriage
  • Length of the marriage
  • Each party’s earning capacity
  • Any other relevant factors (e.g. one spouse has a gambling habit or goes on expensive spending sprees – a judge may order the other party to reimburse an equitable portion of the money)

The first step in dividing assets and debts is for the judge to determine whether an asset or debt is marital. From a legal perspective, regardless of how the asset or debt is titled, with a few exceptions, the presumption is that anything earned or acquired during the marriage is marital.

Once the asset or debt is identified as marital, the court will then allocate it between the parties. This includes assets related to both home and business.

When Equitable Division Doesn’t Feel Fair

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Oftentimes, equitable division may not seem fair. Frequently, this is because judges take non-financial contributions into account. For instance, one spouse stays at home caring for the home and children while the other is the breadwinner who pays the bills, saves money, and builds retirement funds.

In this type of situation, monetary marital assets may be in the breadwinner’s name. Yet, a judge will often distribute money (and other assets) to both parties, despite one party taking care of financial planning.

Another situation that often feels inequitable is allocating marital debts, especially in cases where one party spends freely while the other saves. If expenses are found to be related to legitimate household expenditures, debt will most likely be allocated between both parties.

Note: If “wasted” on expenses not used for the household, the debt will usually go to the party who incurred the debt.

Tips For Identifying & Protecting Valuable Assets

Divorce is not about winning. Very rarely, if ever, can it be said that there is a “winner” in divorce. This is due to the very nature of divorce. No one comes away from a divorce with more than what he/she had access to as an intact family.

When assets and children are split up, everyone stands to lose. Be it time with your children or your assets, both sides are likely to come away from a divorce with less of both. “How much less?” is the real question. You see, divorce is really about degrees of losing rather than winning. Litigants who grasp and accept this principle earlier rather than later usually have an easier time with the process.

It is important to identify the assets that are important to you and to let your Alpharetta divorce lawyer know at the onset of your case. Virtually never does a divorce litigant receive everything he wants, so a logical place to begin the process is by organizing your assets by priority.

  • Consider your personal current circumstances and future goals.
  • Prioritize assets best aligning with your goals.
  • Consider a prenuptial agreement or postnuptial agreement.

Since everyone has different priorities, be sure to communicate yours to your attorney early on in the divorce. If you aren’t sure and need guidance in defining your expectations, that is perfectly fine. This is something your attorney can explore with you.

Identifying and Dividing Assets in an Alpharetta Divorce

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Identifying and dividing assets in an Alpharetta, Georgia divorce typically involves several steps:

  • Inventory assets: Compile a comprehensive list of all assets, including real estate, bank accounts, retirement accounts, vehicles, investments, valuable items (jewelry, art, etc.), and any other property of value.
  • Determine ownership: Determine whether each asset is considered separate property (an asset owned before marriage or an asset received through inheritance during the marriage, which has not been commingled with marital property) or marital property (assets earned or accumulated during the marriage).
  • Obtain valuation: Determine the value of each asset. This may require appraisals for assets such as real estate, businesses, or valuable personal property. You will probably need to consult with professional appraisers or valuation services, especially for complex assets like businesses.
  • Negotiate property division: Once the assets are identified and valued, the parties will negotiate an equitable (fair) division. If the parties are unable to reach an agreement, a judge will determine the division of the assets.

Lastly is a written agreement formalization which occurs when both parties reach an agreement on the division of the assets. Often referred to as a settlement agreement, this agreement is incorporated into a court order. This document specifies how assets are divided, along with other relevant details in the divorce settlement.

How is Child Custody Decided in a Divorce?

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When determining child custody, an Alpharetta judge will consider several factors when deciding child custody. Oftentimes, judges may award sole physical custody and joint legal custody. The latter gives each parent equal access to major decision-making, such as healthcare, education, and religion. Factors evaluated include:

  • Best interests of the child
  • How decisions regarding a child were made during the marriage
  • Child’s relationship with each parent
  • Each parent’s ability to provide for the child’s needs
  • Child’s wishes (if old enough to express preference)

Men can face challenges during custody battles with their spouses. Custody cases are extremely important because the outcome of your case will govern access to your children in the future. This means you’ll want to approach the child custody component of your divorce very carefully and position yourself to present a strong case.

To do this, it’s vital you take an active role in your children’s lives and don’t let your spouse handle all doctor’s appointments, school conferences, home from school sick, birthday parties, and other needs of the child. If you defer to your wife and let her handle everything, it could be used against you in a custody case. Be active in your children’s lives and take on responsibilities so that you can prove your fitness for custody.

Having an attorney during a custody case is vital. You need to make sure that you have someone representing you, who knows the legal system, what judges are looking for, and who can diligently represent you through the process. One of the great benefits of having an attorney in a custody case is that the attorney can help you avoid making mistakes and can give you direction on what you should and should not do before, during, and after a custody case.

Why Work With Cordell & Cordell

The national family law firm of Cordell & Cordell has years of experience championing the rights of men. We truly understand the challenges men face during a divorce. Clients seek our legal services because we are known for our aggressiveness and confidence to stand up for men, advocating to protect their financial and family interests.

We still see bias men face in family courts and work to make things fair for husbands and fathers. When you hire Cordell & Cordell, you’ll get your day in court with your family law matter.

Hear From the Men We’ve Helped

“[My attorney] did everything exceptionally well. She was quick to respond, always available, and always there to answer any questions that I had. She always made herself available to me. She was absolutely great. She was always friendly, professional, and I could not have asked for a better experience overall.” — Daniel H.

“I am very very happy. [My attorney] was timely with responses and that is not something you get often these days so that really stood out. She was very personable and didn’t speak like a robot like some polished people in suits do. I really felt like she was on my side.” — Robert S.

Additional Resources

  • The Financial Impact of Remarriage: Generally, remarriage has no impact on child support since your ex’s new husband is not legally responsible for the children. However, if your wife remarries, if you pay alimony, in most cases, spousal support is terminated.
  • Enforcing Family Court Orders With Contempt Actions: Courts take contempt behaviors very seriously. If you believe your spouse is violating any court order, seek legal advice right away.

Mediating and Ligating Divorce in Alpharetta

The issues husbands and fathers face in court are often unique. Due to the biases that may exist, men may face difficult times when it comes to family court decisions. The attorneys at Cordell & Cordell understand these biases and will aggressively fight against them.

If you’re looking for strong advocacy for your family law issue, schedule a consultation with a Cordell & Cordell law office, call 866-323-7529, or fill out our online contact form.

Does Georgia Child Support Automatically Terminate Upon Emancipation?

Written by Joseph E. Cordell on .

Although there are a number of ways for a child to emancipate in Georgia, the most common method is that the child is at least 18 years of age and has graduated from high school.

If you have been ordered to pay child support in Georgia for multiple children (with all children having been born to the same parent), you may believe that your child support obligation will automatically reduce by a certain amount or percentage as the children emancipate.

While this may appear like a logical and simple calculation (“I had two minor children, now I only have one minor child so shouldn’t I only be required to pay half as much child support?”), unfortunately, the law does not permit an automatic reduction in this manner.

The problem with an automatic reduction in this manner is that the Georgia Child Support Guidelines are not being followed when subsequently calculating child support for the remaining child(ren).

Georgia law requires that any child support award (whether it is for one, two, or three children) be calculated pursuant to the Child Support Guidelines.

Child Support Case Law

For example, in Scott-Lasley v. Lasley, the Georgia Supreme Court held that when an award of child support is made for several children and the trial court provides for reductions in child support as the children reach majority, the trial court may not reduce the child support on a pro rata or per child, but must instead do so in accordance with the child support guidelines. Scott-Lasley v. Lasley, 278 Ga. 671 (2004).

This means that if a parent is ordered to pay $1,000 per month in child support for two children, upon the older child’s emancipation that parent cannot automatically reduce the payment to $500 simply because there is now only one minor child. The proper procedure is for the parties to use the Child Support Guidelines to calculate child support for two children, and then one child.

Part of this reasoning lies in the fact that the custodial parent’s expenses are not necessarily reduced in half merely because one child emancipated. For example, the expenses to heat the child’s home, pay for the mortgage or rent for the child’s home, and similar expenses are either not reduced at all or are not necessarily reduced by 50 percent.

If you are a parent facing a child support obligation for multiple children (and all children being born between the same parents) and you desire to have an automatic reduction in your support obligation as each child emancipates, then you must enter a separate Child Support Worksheet for each reduction.

For example, if you have three children, and you and the custodial parent agree to automatic reductions in the child support obligation, then you must present the court with three different Child Support Worksheets. Each Child Support Worksheet must correspond for your obligation for three children, then two, and finally one.

Keep in mind, however, that this type of agreement does not negate either party’s right to request a modification of the child support obligation as provided for by Georgia law.

Finally, it is important to understand that an automatic reduction is not a “right.” It is within the judge’s discretion as to whether or not to grant an automatic reduction in child support.

Marietta Fathers Rights

Written by Joseph E. Cordell on .

Prior to 2007, Georgia child support was determined by the father’s income. Marietta, Georgia fathers rights groups objected to this method of determining child support because it placed an undue burden on the dads. A mother could make more money than a father, yet the mother’s income was never considered.

Georgia dads rights scored a victory when the state adopted a new child support law in 2007, where both parents’ incomes were factored into the child support formula. The two gross incomes were added together and the total was compared against a support table. The support amount was then adjusted for the child’s various expenses. The support amount was then apportioned between the parents based on their individual incomes.

This means that now the parent with less income is responsible for paying less child support. For many noncustodial dads in Georgia, this was a step in the right direction for dads rights in Marietta because it meant that noncustodial fathers may not have to pay as much child support.

If a noncustodial dad who was divorced prior to 2007 can show a change in financial circumstances, he can petition the court to have child support recalculated according to the new formula.

Marietta dads in need of a Marietta, Georgia fathers rights attorney should contact Cordell & Cordell at 1-866-DADS-LAW.

Dads Rights in Marietta Resources | Georgia Fathers Rights Resources

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Georgia Fathers Rights In Divorce

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Lawrenceville Fathers Rights

Written by Joseph E. Cordell on .

Lawrenceville fathers rights were given more protection following the landmark Bodne ruling in 2003, but dads rights are still not on par with the mother’s parental rights.

Prior to the Bodne ruling, the custodial parent (almost always the mother) was free to relocate with the children so long as the parent was fit and the move did not present a danger to the children. This left dads with little chance to successfully block a relocation.

Following the Bodne case, noncustodial parents (almost always the fathers) could not only object to a relocation but also seek a modification of custody solely based on the relocation.

While the ruling did uphold fathers rights to object to the move, any decision by a judge to allow or disallow a move will be on the ambiguously fashioned principle analyzing whether the relocation is in the “best interests of the children.”

So it’s a small victory for dads rights that the mother cannot unilaterally relocate with the children, but ultimately, the court will make its ruling by determining what is in his children’s best interests, relocating with the custodial parent or remaining in the familiar community.

It’s important you have a partner you can count on when fathers rights are being challenged. That’s why you should consult with the dads rights attorneys at Cordell & Cordell to ensure your interests are protected. To schedule an appointment, please call 1-866-DADS-LAW.

Dads Rights in Lawrenceville Resources | Georgia Fathers Rights Resources

Dads Rights

Georgia Fathers Rights In Divorce

Information on Fathers Rights

How to Modify Child Support in Georgia

Written by Joseph E. Cordell on .

Georgia law provides for certain circumstances under which a party may petition the court to modify his/her child support obligation. The most common basis for a child support modification is a change in the financial circumstances of the parties and/or the needs of the children.

However, a party may also request a child support modification based on a change in the custodial arrangement, a child reaching the age of majority or in circumstances where a party is exercising more or less visitation than what is outlined in the Parenting Plan. A child support modification may be modified upwards or downwards depending on the situation of the parties and reason(s) for the requested modification.

Filing for a child support modification in Georgia

It is important to act as soon as possible when petitioning the court for a modification of child support in Georgia. Under most scenarios, child support is not retroactively modified. This means that the party paying child support must continue to pay the child support amount in the current court order until a new order has been entered. If a party has involuntarily lost his/her job, then the new child support amount may be retroactively applied to the date that the other party is served with the petition.

The court has the discretion to phase in the new child support amount over the course of up to one year if the child support modification is going to change significantly. However, the longer that the current court order is in place without a petition being filed, the longer the paying party will be obligated to pay the current amount.

Child support is not automatically changed based on a change of circumstances. For example, a party is paying child support for three children. Unless the child support order specifically provides for a change in child support as older children reach the age of 18, the party paying child support will continue to pay child support for all three children unless and until the child support is modified.

Accordingly, it is important to begin the modification process at the earliest time to avoid paying the incorrect amount of child support as there are no refunds for overpayment of child support. In this example, if the paying party waits until the oldest child ages out to file the modification of child support, he/she will continue to pay the child support amount for three children until the new child support order has been issued, which could be months later.

File for a modification through the courts

Even if the parties reach an agreement between themselves, the order still must be formally modified through the court. The child support order is the only amount of child support that is enforceable through the court. As such, any agreement between the parties pertaining to child support that is not reflected in a formal court order will not be acknowledged by the court. Regardless of the reason, modifying child support must be done through a formal court proceeding. Otherwise, the paying party runs the risk of being held in contempt for not paying child support in accordance with the court order.

If you are contemplating filing for a modification of child support in Georgia, the first step is to gather your documents and other information. This includes, but is not limited to, the current child support order, proof of income, proof of payment of expenses for the children such as health insurance premiums and work-related childcare, additional expenses for the children such as private school tuition and other extraordinary expenses. If you have any proof or information related to the other party’s income, that would also be helpful.

The second step would be to speak to and hire a Georgia divorce attorney. A Georgia divorce lawyer will be able to evaluate your position, discuss your options for moving forward with the modification and navigate the litigation process. The law can be complex. It is important to have an attorney who can interpret the law and guide you accordingly. You want to make sure that your child support is calculated correctly and that all factors are taken into consideration in determining child support.

After hiring your attorney, the third step would be to draft the petition to formally begin the process. Once the attorney drafts and files the petition, arrangements will be made to have the other party formally served with the petition. Service of the petition on the other party officially begins the modification process. From there, the attorney will guide you through discovery, mediation and/or trial, if necessary.

How Can A Parent Change Their Child’s Last Name In Georgia?

Written by Joseph E. Cordell on .

In Georgia, there are two ways a father can legally change his child’s last name. The first method is specific to fathers seeking to legally establish their parental relationship. The second method necessitates an agreement between the child’s mother and father.

Unwed Fathers Seeking Name Change

Under Georgia law, in order for a father of a child born out of wedlock to establish his parental rights and seek to change the child’s last name he must file a petition in the superior court of the county of the residence of the child’s mother (or other party having legal custody or guardianship of the child). O.C.G.A. § 19-7-22(a).

The petition must set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. O.C.G.A. § 19-7-22(b).

The court, after considering the relevant evidence in a hearing, may then pass an order declaring, among other things, that the father’s relationship with the child is legitimate, and specifying the name by which the child shall be known. O.C.G.A. § 19-7-22(c).

Whether the child’s last name shall be changed is within the discretion of the trial court; the standard being whether or not the change of the child’s name is in his or her best interests. Carden v. Warren, 269 Ga. App. 275; 603 S.E.2d 769 (2004), citing Palmer v. Pinkston, 228 Ga. App. 514, 516(3) (1997).

Mother’s Consent To Change Surname

Other than the using statutory method discussed above, the only other avenue for a father to change the child’s last name requires the written consent of the child’s mother.

To initiate this request the parent may present a petition to the superior court of the county of the child’s residence, setting forth fully and particularly the reasons why the change is asked. O.C.G.A. § 19-12-1(a).

This same statute, which applies equally to the mother and father, sets forth the following requirements when seeking to change a child’s last name:

“If the petition seeks to change the name of a minor child, the written consent of his parent or parents if they are living and have not abandoned the child, or the written consent of the child’s guardian if both parents are dead or have abandoned the child, shall be filed with the petition, except that the written consent of a parent shall not be required if the parent has not contributed to the support of the child for a continuous period of five years or more immediately preceding the filing of the petition.” O.C.G.A. § 19-12-1(c).

In Georgia, if either parent objects to the request to change the child’s name file under this statute, then the court is not authorized to change the child’s name. See Brown v. Waters, 208 Ga. App. 866 (1993) (the Court of Appeals held that trial court erred in granting a petition to change a child’s name when an incarcerated father raised objections).

This is a potentially harsh result in some instances, but remains the law in Georgia. As stated by Judge Ray in his concurring opinion in the case of Brittingham v. Datillio, A12A1374 (Ga. Ct. App. 2012), “[o]ne can think of many instances where the non-moving parent might unreasonably withhold consent, even when the best interest of the child suggests a name change should occur. One such example might be when a father has been convicted of a crime against his child and the mother then wishes to seek a name change to remove the father’s name from that of the child. Under O.C.G.A § 19-12-1(c), both parents would have to agree to the change for the trial court to have authority to make it, no matter what the best interest of the child might be in that regard.”

Until this law is changed, the consent of both parents is required in order to legally change a minor child’s last name. As discussed above, however, the consent of the other parent may not be required if that parent has failed to contribute support to the child for a period of five continuous years.

Georgia Surname Change

If you are the father of a child born out of wedlock in Georgia and you desire to change your child’s last name, you can request the change when you file your petition for legitimation under O.C.G.A. § 19-7-22.

In any other instances when you seek to change your child’s last name, you will first need to obtain the written consent of the child’s mother to do so (as required by O.C.G.A. § 19-12-1).

Georgia Divorce Jurisdiction Law

Written by Joseph E. Cordell on .

In Georgia, to file a divorce action in the proper court, one must establish three criteria:

1) Proper venue;

2) Jurisdiction of the subject matter; and

3) Jurisdiction over the parties.

Georgia divorce jurisdiction law is stringent; if you fail to establish one of these three prongs, then the divorce complaint will be dismissed.

Proper Venue

Establishing proper venue is the simplest of the three. The Georgia Constitution states a divorce action should be filed in the Superior Court of the county in which the defendant lives. If the defendant is a nonresident or cannot be located in Georgia (and all other aspects of jurisdiction have been or can be established) the divorce should be filed in the Superior Court of the county in which the plaintiff resides.

Subject Matter Jurisdiction

Subject matter jurisdiction refers to the court having control over the subject matter of the litigation. In a divorce action that “subject matter” is the marriage.

To establish jurisdiction one must have a valid marriage and residence/domicile in the State of Georgia. Under Georgia divorce law, residency is established once one has lived in Georgia for six (6) months. This six-month period must be consecutive and must be the six months prior to filing the divorce case.

The individual living in Georgia can be your wife; it does not have to be you. If your wife has moved to Georgia and you wish to obtain a divorce in Georgia, you can do so as long as she has been a resident for six months prior to you filing the complaint for divorce.

Personal Jurisdiction

Personal jurisdiction refers to the court having jurisdiction over both spouses in order to award a divorce. By filing an action for divorce, one subjects himself to the personal jurisdiction of Georgia courts.

Therefore, you must then establish personal jurisdiction over the defendant – your wife. This can be established in many ways.

Your wife can voluntarily submit herself to the personal jurisdiction of the court by signing an acknowledgment of service. If your wife lives in Georgia, and you know her whereabouts, you can have her personally served with your Complaint for Divorce and a Summons by the sheriff or by a private process server. Your wife can also be personally served if she is visiting or present in Georgia for any period of time regardless of where she lives.

If you are unable to locate your wife after a requisite diligent search, then the court may allow you to serve your wife by publication whether she is in the state or not, though the place for publication will be in the county of her last known residence.

However, if you achieve service by publication, you establish limited personal jurisdiction and the court can only award a divorce and division of property that is located in the State of Georgia; the court cannot grant alimony or child support.

If your wife is no longer living in Georgia, then you may be able to use the Long Arm Statute to establish personal jurisdiction and obtain your divorce in Georgia. Under the Long Arm Statute, Georgia courts may exercise jurisdiction over a nonresident if:

1) She owns, uses, or possesses any real property situated within this state; or

2) If she maintains a matrimonial domicile in this state at the time the divorce is filed or if the defendant resided in this state preceding the commencement of the action, whether cohabiting during that time or not.

This means if you and your wife own any real estate in Georgia or you lived with your wife in Georgia prior to her leaving the state, then the court can have personal jurisdiction. Keep in mind she must still be properly served. See O.C.G.A. §§ 9-11-4 and 9-11-5.

Georgia Divorce Residency Requirements

In summary, to be granted a divorce in Georgia the court must have jurisdiction over the actions. The court has jurisdiction if subject matter jurisdiction, personal jurisdiction, and venue are proper.

Subject matter jurisdiction equates to one party to a marriage living in Georgia for six months prior to filing the divorce complaint. Personal jurisdiction requires that both parties have some ties to the State of Georgia either physically or through real property. Venue means that the case must be filed in the Superior Court of the county of either the defendant (if defendant lives in Georgia) or Plaintiff (if defendant does not live in Georgia).