The standard in Georgia bases custody on the best interests of the minor child.

The steps in a divorce can vary depending on the facts of each case, but typically they include filing a petition for divorce, serving the other party with the petition and summons, exchanging information and documents, attending mediation (if required), and having a final hearing.

You are not required to have an attorney to file for divorce, but it is highly recommended. It’s also extremely time-consuming and challenging to handle your divorce case by yourself. The decisions you make during the divorce process can have a significant impact on your life going forward.

Alimony is typically awarded when one spouse has a greater earning potential than the other spouse. If you are unemployed, you may be able to receive alimony if you can demonstrate that your unemployment was not voluntary.

Alimony is money paid by one spouse to another for financial support after a divorce, whereas child support is payment from both parents to provide financially for their children during the course of the marriage (before or after a divorce).

An uncontested divorce is one in which both parties reach an agreement on all terms of their divorce, whereas in a contested case there are significant issues that need to be resolved by the judge.

Several types of family law cases can end your marriage, but the lines between them may not be clear. For example, some states use different terms for divorce and dissolution.

In these circumstances, the distinction between the two is that divorce refers to getting the court’s assistance to end the marriage. On the other hand, dissolution is an agreement between the two parties on handling questions such as property and child custody without a judge intervening.

The length of a divorce can vary depending on the facts of each case, but typically it takes between four and six months. However, some divorces can take significantly longer if there is significant disagreement or litigation involved.

Yes, you may be able to gain custody of your stepchild if the child’s biological parent is unable or unwilling to care for them.

If your ex-spouse has failed to make their court-ordered support payments (alimony), you can request that they appear at a hearing so the judge can order them to pay. If they do not, you may be able to file additional criminal charges against your ex-spouse for contempt of court and receive a separate judgment in either lump sum or arrears (past due).

Legal separation occurs when spouses live apart but remain married, whereas divorce is the legal termination of a marriage. A divorce can be granted by agreement of both parties or by a judge after a contested hearing. A legal separation must be approved by a judge.

If you are unable to attend the hearing in person, you may be able to submit an affidavit (a written statement) explaining your absence and why you should not be held in contempt of court. You may also want to consider hiring an attorney who can represent you in absentia, which means without your physical presence at the hearing.

Parents are responsible for providing financial support to their children in the form of child support after they separate. Parents who have joint custody typically share this responsibility, whereas parents with sole custody generally pay child support to the parent without physical custody.

At Bell & Washington, we care and have extensive experience in all areas of family law. We know what to expect during every step of the process and will work tirelessly to protect your best interests. We also offer a free consultation so you can discuss your specific situation with an attorney and get started on the right path.

In Georgia, grandparents have no rights to their grandchildren unless they had been the primary caregiver for at least six months before filing a petition. The court will consider whether awarding visitation is in your child’s best interest and base its decision on evidence of love, affection and other ties between them and the grandchild.

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A restraining order is a court order that prohibits your spouse from contacting you or coming within a certain distance of you. You can request an emergency, temporary restraining order at an Atlanta courthouse during business hours.

There are several grounds for divorce in Georgia, and you can get a better idea of what they are by visiting our post on divorce grounds.

When you get divorced, the court will likely ask if you would like your name be changed back to what it was before you got married (i.e., maiden name). Some parents choose to keep their married name to keep it the same as their children’s last name.