A parenting plan is extremely beneficial in the long run for any divorcing couple with children. Even for ex spouses that continue to work together and maintain a respectful relationship after the divorce a parent plan can be of value. Below are a few key items you should make sure are included in your parenting plan.

• How much time the children will spend with each parent
• How communication will occur between the parents (phone, email, etc.)
• Communication between children and parents (phone, email, etc.)
• Arrangements for vacations, holidays, family events
• Special needs including medication, education, doctors appointments
• Financial agreement for all expenses
• Arrangement for extra curricular activities, sports, school
• Decisions that need to be made by both parents
• Basic philosophy for raising the children and their well being 

Divorce is never easy for anyone and having a parenting plan to move forward will help in times of frustration or anger. In the case that an unexpected event happens, having a parenting plan in place will make any transitions smoother. It is important that you consult an experienced family law attorney to help you draft your parenting plan.

Not all divorces end on a happy note with both parents remaining friends and working together to raise a child. Some divorces can become a battle with one parent trying to outdo the other or trying to make the other look bad. During these types of heated divorces a temporary court order may be necessary.

A temporary court order will help regulate actions taken by either party during the divorce process until a final decision can be made. Below are the different types of temporary court orders that can be issued in Georgia:

• Temporary Protective Orders – This type of order is similar to a restraining order, and is commonly used when one party has acted in a violent way during the divorce.
• Temporary Child Custody Orders – When fighting over children occurs a temporary child custody order may be put in place to clearly define what the best situation is for the child until a final decision is made in court.
• Temporary Child Support Orders – A child support order protects any children involved from not receiving necessary financial support from either party during a divorce.
• Temporary Spousal Support Orders – This order is used primarily when the primary income earner no longer agrees to support the other spouse financially during a divorce.
• Standing Orders – Standing orders help to clarify who is allowed to live in the residence and have access to specific cars and/or accounts during the divorce.
• Temporary Order Not To Sell Assets – This type of court order keeps either spouse from selling any assets acquired throughout the marriage during the divorce process.

If you are considering any of the above options it is important to speak to an experienced divorce attorney before making any decisions.

Knowing all the ins and outs of Georgia child support and custody laws is difficult to remember during an emotional time like divorce. To help, we have put together a short list of important child custody and child support facts to keep in mind during and after divorce.

Child Custody

• The judge has final decision over how child custody is awarded. (If a child is over the age of 14 he/she may select which parent they would like the live with.)
• Factors that help determine child custody include:
  • Each parents ability to be a suitable custodian
  • Safety of the child
  • Psychological, emotional and developmental needs of the child
  • Prior care each parent has given to the child
  • History of substance abuse
• There are four types of child custody: joint custody, joint legal custody, joint physical custody, and sole custody (You should further discuss each type with your attorney) 

Child Support

• Georgia uses a child support obligation table to determine child support awarded 
• Both parents are legally required to support their child until the age of 18 
• Child support may be modified if there have been significant financial changes since the child support was issued. (Discuss this option with your divorce attorney as every case is different) 
• If you are not receiving child support payments from your ex you have a right to file a Motion for Contempt against the offending party to rectify the situation.  

If you are going through a child custody/child support hearing it is important to speak to your family law attorney to figure out the best outcome for your case and to fully understand your rights.

We understand the divorce process can be overwhelming and confusing, so we have compiled a list of some of the most commonly asked questions to help.

How much will a divorce cost me?

The clerk charges $213 minimum for the filing fees alone.  For your attorney, not every divorce is the same and it will largely depend upon the complexity of the case and your specific situation.

How long does a divorce take?

There is no set time frame for a divorce. If you and your ex are on the same page and can agree to terms during mediation then the process will stay fairly short.  However, the law does require a minimum thirty (30) day waiting period from the time you file and your spouse is served.

Do I have to give a reason for the divorce?

No. Georgia grants “no-fault divorce” which means you do not need to list a specific reason for the divorce other than the marriage is irrevocably broken.

What about the children?

If you and your spouse cannot agree, the court will ultimately decide what is in the best interest of the child. In Georgia both parents are required to support the child until the age of 18.

Can I get alimony? / Do I have to pay alimony?

Alimony is not mandatory in Georgia but may be awarded depending upon one spouses needs and the other spouses ability to pay.  There are various types of alimony that may be awarded based on the circumstances of each case.

What is a collaborative divorce?

During a collaborative divorce both parties sit down with their lawyers and talk through any disputes and come up with a mutually agreed upon settlement instead of having a judge decide your fate.

Can child custody be modified?

Child custody along with visitation orders may be modified, however keep in mind with regards to visitation modifications there is a two-year limitation that may apply.

If you are considering a divorce or are in the middle of one contact an experienced family law attorney immediately to better understand your rights and help you through the process.

While they are not common in Georgia, annulments can be granted under specific circumstances. An annulment is used to end a marriage that, in the states eyes, is invalid, compared to a divorce that ends what is considered to be legally a “real” marriage.  The terms under which one can obtain an annulment are listed below.

• The two spouses are related
• At least one person in the marriage did not have the mental ability to enter into the marriage.
• One spouse was forced into the marriage.
• One party was fraudulently misled into the marriage.
• One party was already married to another individual when entering into the marriage.

The point of an annulment is to return each individual to the condition they were in before the marriage. One point to keep in mind is that even if all the conditions above exist, if a child was conceived during the marriage then an annulment is a much more difficult option to consider. If you are considering requesting an annulment call an experienced Georgia family law attorney to help you.

When a couple or an individual is considering ending their marriage the reason for the divorce may be simple or complicated. You might be wondering if you have to disclose the reason for the divorce when filing in the state of Georgia. The answer is no, in Georgia there are 13 grounds for divorce, including fault and non-fault divorces. Below is the breakdown of each filing.

Fault Divorce: Under Georgia law there are twelve grounds for divorce that are fault grounds.  They are:

• Intermarriage by persons within the prohibited degrees of consanguinity or affinity;
• Mental incapacity at the time of the marriage;
• Impotency at the time of the marriage;
• Force, menace, duress, or fraud in obtaining the marriage;
• Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
• Adultery in either of the parties after marriage;
• Willful and continued desertion by either of the parties for the term of one year;
• The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
• Habitual intoxication;
• Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;
• Incurable mental illness;
• Habitual drug addiction.

When filing for divorce under one of these twelve fault grounds you must provide evidence that there is substantial reason for the divorce.

No-Fault Divorce: Filing a divorce under the grounds of no-fault means the marriage is irrevocably broken. When filing for a no-fault divorce you are not obligated to provide any other reason for the divorce or any wrong doing by the other party.

It is important to discuss all your options with an experienced Georgia family law attorney as laws vary from state to state.

Some couples may not choose to file for a divorce but decide to live apart and go on with their lives individually instead of together. In Georgia an alternative to getting a divorce is a separate maintenance action.

Separate maintenance actions are similar to regular divorces in Georgia as they both allow for certain issues such as alimony, separation of assets, child custody and child support to be resolved. One main difference between divorce and a separate maintenance action is that a couple does not have to live in the state of Georgia for at least six months before filing a separate maintenance action.

If you choose to file for a separate maintenance action you are not legally allowed to remarry until you officially file for divorce and receive a final decree of divorce. If you do decide to file for a divorce after you have already filed for a separate maintenance action the agreement in place between the two parties in the separation can help to minimize the cost and time that a divorce takes.

Filing for a separate maintenance action in Atlanta, Georgia is very similar to the process of filing for a regular divorce. The process can get confusing and complicated and it is in the best interest of the individual to hire and experienced Atlanta family law attorney before attempting to file for a separate maintenance action.

Just as no two divorces are alike, no two divorce proceedings are alike. Most people know someone who has gone through a divorce or has heard about someone else’s experience but going through one yourself is a different experience. Here are four basic guidelines of what you might be able to expect while going through a divorce. 

• Stay realistic- During a divorce it is likely the outcome is not going to be exactly the way you might wish. It is important to understand you might have to make compromises during the process and keep a realistic expectation of the best-case scenario so you are not disappointed in the end.
• Division of assets- Division of assets is common during a divorce proceeding. Think before hand about what is important to you and what you would like to keep to help the process run smoother. Make sure you have any necessary paperwork collected and filled out before handling division of assets.
• Child custody battle- If possible it is best for you to talk with your ex spouse and try to work out a custody arrangement first. If an agreement can not be made the judge will ultimately decide the custody arrangement. If this is the case be prepared to be able to prove to the court why you are the best parent for your child.
• Change in lifestyle- During and after a divorce it is common that your financial status is going to change at some point. You are no longer sharing an income with your ex spouse you are now the sole provider for yourself and any children involved. It is important to understand such changes are going to take place in order to financially prepare for your divorce.

Your divorce lawyer is your best resource during your divorce. They can best prepare you for events that are going to take place during the divorce and for a realistic outcome.

Summer time can be a big adjustment if you have recently been divorced. Trying to work around everyone’s schedule and ensure each parent gets their allotted time with the children can prove to be challenging and stressful. While planning a separate summer vacation from your ex spouse can be difficult, these few tips can help make summer vacation planning a little easier. 

• The sooner the better: The sooner you make your summer vacation plans and discuss (by sending an email) them with your ex the less likely any arguments or conflicting plans arise.
• Ask your kids: Talk to your kids about summer and make sure you make time to do things they want to do and work around any summer camps or activities they have planned. Don’t make any commitments with the kids without discussing things with your ex.  
• Take into consideration special events: Try not to plan a summer vacation during your ex’s birthday or any other special events that take place during summertime.  
• Follow any court guidelines: Visitation rights and guidelines for both parents during the summer months should be included in your divorce decree. If you are required to receive permission from your ex in order to take your child out of state make sure you follow all court orders in order to avoid repercussions later. It is best to get arrangements in writing with both parents signature so there is no dispute later on about what was agreed upon.

If you are unaware or unsure about legal issues relating to planning a summer vacation with your child you should consult your family law attorney.