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What do you do if your marriage is not working? If your marriage isn’t working, then you may need a divorce, or separation with separate maintenance. If your spouse cooperates then your case may be “uncontested”, with all of the details being worked out in one attempt. If not, then your case would be “contested”, requiring either additional negotiations, or going to court.
What do you do if you have children? First, you must establish who will have custody. The best interest of your children is the standard that will be used to determine who will obtain custody. The court generally must determine what is best for your children, not what is best for you as parents. The information concerning your children’s health, education, and welfare will be necessary to determine which parent, or parents, should have custody, and should be brought to an appointment with the attorney.
When you have children you must also establish who will pay child support. Previously in Georgia the non-custodial parent had to pay child support to the custodial parent, and the custodial parent’s income generally was not considered. However, in March, 2005, Georgia law for child support changed, and the income of the custodial parent will now be considered, under certain circumstances, once this legislation becomes effective.
What if your spouse has moved out-of-state? Can you sue your spouse in Georgia? If so, in which county in Georgia? The answers will depend on various factors such as whether your spouse lived in Georgia, which county your spouse lived in here in Georgia, whether that county was your marital domicile, and other considerations.
Once the children have been taken care of, then what happens to the house, the cars, and the debts? Georgia is an equitable division state, and not a community property state. Many factors will have to be considered such as each spouse’s income, and the conduct of each spouse.
If you need a divorce, custody, or other family law help, then please call 770.886.7207 or email me to set an appointment.
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