Georgia Divorce Attorneys Focused on Men's Family Law

What are the grounds for filing for divorce in Georgia?

Georgia is not a fault-based state. The most common ground for divorce is irreconcilable differences, meaning the parties simply cannot get along and their marriage is at an end. Other grounds for divorce include adultery, habitual intoxication and abandonment.

How much will my divorce cost?

IThere is no way to predict the total cost of a divorce. The best way to control fees is to ensure that you have a sold litigation plan. A solid plan is one based on clear communication between a client and their attorney.

Can I annul my marriage?

Annulments are rarely used. Generally, the only basis for an annulment is an allegation of fraud.

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Who will get custody of our child?

In Georgia, there are two types of custody: legal custody and physical custody. In almost all cases both of the custody types are shared between the parents.

Typically, the parents are awarded joint legal custody, which means that the parents must share in decision-making regarding the children and that the parents have equal rights to the child’s medical and educational records. Ultimately, one parent will be awarded final decision-making authority for times when the parents are unable to reach a mutual decision. Typically, final decision-making goes to the parent who has primary physical custody.

Physical custody is, in most cases, also shared. However, usually there is one parent designated as the primary physical custodian and the other parent receives secondary physical custody. The courts determine physical custody based on several factors, including, most importantly, who has been the child(ren)’s primary care giver during the course of the marriage.

Can a parent refuse visitation?

No. Child support and visitation are two separate rights/obligations that are not connected to one another.

When can I modify custody?

In order for custody to be changed, the moving party must show that the party to whom custody was originally awarded is no longer able or suited to retain custody or that the conditions and circumstances surrounding the child or the parent out of the custody have so changed that the welfare of the child would be substantially enhanced by modification of the original custody award. See Jones v. VanHorn, 283 Ga. App. 141 (2006); Elders v. Elders, 206 Ga. 297 (1950).

There are no time restrictions on when a modification of custody can be filed. The moving party must, however, be able to show that there has bee a change in circumstances that would warrant modification.

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