The decision to divorce can be a difficult one, and it can be further complicated by a lack of knowledge on divorce issues and law. Everyone considering divorce should have some basic facts at their fingertips to gain a clearer idea of what divorce entails.

Divorce is a legal action by which a marriage is terminated. Georgia law recognizes no-fault and fault-based divorce and the law specifically outlines these grounds. In a no-fault divorce, neither party is required to show fault or reason in the breakdown of the marriage, and most divorces are granted on this basis, even where conduct issues in the marriage have been raised in the case. The minimum requirement for filing for a divorce is that the party who files with the Court must have resided in the state of Georgia for the six months prior to the filing of the divorce complaint. The person who files the case is called the Plaintiff or Petitioner. The other party to the marriage is called the Defendant or Respondent. There are circumstances where a non-resident may file without living in the state of Georgia, specifically when his or her spouse has lived in Georgia for six months.

There are basically two types of divorces: an uncontested divorce and contested divorce. An uncontested divorce is a divorce in which all the issues between the parties (spousal support, child support, child custody, division of assets etc.) have already been resolved by the two parties with a written agreement and other documents prior to the case being filed, and the parties want the Court to enter an order with those terms. A contested divorce is a divorce in which all the issues have not been agreed upon by the two parties. If the parties do not reach an agreement while the case is pending, the issues that are disputed will be determined by a judge or jury. Juries do not determine child custody; that can only be decided by a judge based on the standard of what is in the best interests of the child.

Child custody issues involve which parent should have custody of the child and visitation rights for the other parent and which parent should be permitted to make final decisions about the child’s welfare. If parents are unable to agree on child custody and visitation, then a judge will make a decision based on what he or she determines is best for the child. Factors which can determine which parent obtains custody include the suitability of each parent, the prior roles of the parents, the wishes of the child depending upon the child’s age, location of the parental residences, and any many other factors. The judge may appoint a guardian to assist with his determination, who is generally a lawyer.

Parents are legally obligated to support their children whether they remain married or are divorced. Child support guidelines ensure that a child's economic needs, such as food, clothing, shelter, health care, and day-to-day expenses, are met until the child reaches the age of 18 or graduates from high school. The method of calculating child support in Georgia, which was substantially revised in 2007, is based on the gross income of both spouses, the cost of health care insurance, any work-related daycare costs and other factors.

Non citizens and citizens who are foreign-born often have unique issues in a divorce action. There may be specific cultural issues that can be relevant to custody issues. For example, in my practice, I routinely encounter parties who are concerned that the other party may take the child and flee to another country. Additionally, there may also be concerns that another party has assets overseas or has been transferring assets overseas in an attempt to hide them from his or her spouse. There also may be immigration related concerns in a divorce, particularly if one parties’ immigration status is tied to the other party.  These are unique situations which should be addressed with your attorney at the outset of the case.  
 

The above information is not meant to be construed as legal advice and anyone thinking about divorce should consult a family law lawyer to obtain information specific to his or her own individual case. A lawyer can help you decide what is the best course of action to follow.