Chatham County GA custody attorneys

Irretrievable breakdown and Cruel Treatment in Richmond Hill GA

In the 1970s, GA began to accept the concept of irretrievably broken marriage which generally permitted a no-fault ground for divorce. All that must be shown is that the marital differences are insoluble and that the spouses request a change in the marital status. The only question is whether any prospects for reconciliation exist. Under Georgia law, irretrievably broken is the most common means for getting a divorce in a GA court. The trial court in an irretrievably broken marriage awards the divorce to both spouses equally and no fault is recorded.

For cruel treatment, to be the grounds for granting a divorce in Georgia , must include of the willful infliction of pain, bodily or mental, upon the aggrieved spouse, that reasonably justifies apprehension of danger to life, limb, or health. Courts in GA will consider continous acts of violence as a grounds for diovrce but a single act of violence will not constitute cruel treatment except when the act is of such an atrocious nature that the circumstances indicate the chances of repetition. Even though mental cruelty can also be grounds for a divorce in Georgia, not all mental cruelty will be ground for divorce.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Divorce attorneys in Savannah Georgia

Savannah Georgia divorce attorneys

DISCLOSURE: The law mandates both spouses to provide the other with all information related to their property, income, assets and debts. This is called Full Disclosure. Failure to fully disclose all relevant information or concealing information can have serious consequences. Its important to be precise in listing assets and debts.

INSURANCE: Only if it is agreed upon and part of a settlement agreement, one spouse covered by health insurance does not have to pay health insurance premiums for the other spouse after divorce. However, the spouse without insurance coverage has the right to continue the coverage at his or her own expense for up to 3 years at the same or similar rates. To avail of this right, the spouse not covered must notify the other spouses insurance plan administrator within 90 days of the final decree.

Support Payments and Divorce

Fixed payments for child support cannot be deducted for tax purposes. If the amount paid is reduced contingent to the child - like as reaching a specified age, dying, leaving school or marrying - the amount of the specified reduction will be treated as child support.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Divorce and Taxes in a Savannah Georgia uncontested divorce

Richmond Hill Georgia divorce lawyers

A person will be treared as unmarried for tax purposes at the end of a tax year if the taxpayers spouse is legally separated from the taxpayer by divorce decree or separate maintenance contract at the close of the tax year.

A married taxpayer will be treated as unmarried and be eligible for head of household status if the taxpayers spouse was not a member of the household for the previous six months of the year and the household is the home of a dependent child.

Liability on Joint Return

You may request relief from liability for tax, plus related penalties and interests for which you believe that your former spouse should be liable.

Innocent Spouse Relief is available if you: (1) filed a joint return and (2) are no longer married to or are legally separated from the spouse with whom the joint return was filed.

Dependency Exemptions

Usually the dependency exemption for children of divorced taxpayers goes to the parent who has custody of the child for the greater part of the calendar year.

Alimony and Spousal Support

Generally, spousal maintenance and separate maintenance payments are income to the recipient and are deductible by the payer.

If you have any questions about the tax consequences of a divorce, you should consult with to a divorce lawyer.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Marital Settlement Agreements in a Liberty County Georgia divorce case

Savannah GA divorce law firm

A settlement agreement describes the terms of the divorce and the relationship between the two parties following the divorce. These agreements usually provide for property division, child custody, child plans, debt division, spousal support and any other relevant issues arising from the divorce.

While it is not required, filing a marital settlement agreement does have some advantages:
• Provides all of the agreements in writing, avoiding uncertainty.
• The parties might not have to go to court. The judge may uphold the written agreement if its written appropriately and covers all material aspects of the divorce.
• Shows to the court that major issues were thought out, and the case will move more fast though the system.

Marital settlement agreements can be executed at any time prior to the final order. They are typically filed with the final judgment.

If a party is on welfare, the District Attorneys office may be required to look at and sign the marital settlement agreement prior to court filing.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Retirement Benefits in an Chatham County GA contested divorce

Savannah Georgia divorce lawyers

Community property includes accrued or vested retirement benefits. This means they should be divided in a divorce. Retirement benefits falling under Community property include military pensions, veterans educational benefits, ERISA funds, IRAs, Keoghs, Employee Stock Option Plans (ESOPS), 401K and 403K plans, etc.

Certain retirement benefits are not considered as Marital property. They include:
• Social Security payments
• Compensation for military injuries
• Workers compensation disability awards

Irrespective of the length of the marriage, retirement benefits must be discussed and settled. For example, the petition, marital settlement agreement and judgment must all provide either for the spouses waiver of retirement benefits or the division of any such benefits. A spouse should waive retirement benefits only if that spouses share is worth very little.

There are two methods for dividing retirement benefits: (1) the present-day valuation buy-out, and (2) division into two accounts. In the first, the spouse without the retirement benefits takes the present-day value of his or her interest in the retirement benefit and trades it for something else of equal value, like cash or other assets. Stock options and pension plans where an individual must work for a certain number of years can be worth more than you think. It is wise to use the services of a professional pension actuary or appraiser before making a decision.

When dividing a retirement account, you want to make sure you dont lose any tax advantages. A Qualified Domestic Relations Order (QDRO) is needed to transfer a share of retirement funds from the spouse participating in the retirement plan to the other spouse.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Richmond Hill Georgia attorney

In Georgia divorce or dissolution of marriage, may be filed by either spouse to end the marital relationship. Upon completion of a GA divorce, the spouses are restored back to single status. The judge may also issue any necessary directions for child support and custody, alimony and the distribution of community and separate properties and debts.

There are currently no procedure for a simplified divorce in GA. A general divorce should be filed on either no fault grounds or on fault grounds.

A legal separation may be submitted by a married individual wishing to maintain the marriage but physically separate and try to settle any problems in the marriage.
An annulment is obtained in order to nullify the marriage and prevent its existence, returning the parties to their previous single status, as if they never married. Annulments are generally sought by people who feel stigmatized by the status of being divorced, or for ease of remarriage in their particular religion. An annulment may not be granted if there are children born of the marriage, and the marriage may only be dissolved by divorce.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Richmond Hill GA Cheating and divorce attorney

An extramarital affair and Desertion in Liberty County GA

An extramarital affair refers to the voluntary sexual intercourse between a married individual and another person other than their married spouse.

Cheating committed by either spouse can be a ground grounds for divorce in Georgia . Cheating in Georgia is defined as intercourse with a person other than his/her spouse. Adultery in Georgia includes same sex intercourse.

Proof of Adultery can obviously be tough. Confessions by one spouse to another are considered at with extreme caution and usually should be corroborated by independent evidence. But, rarely does direct evidence of Adultery exist. Circumstantial evidence is permitted. Adultery committed subsequent to a separation of the parties is a grounds for divorce.

Divorce law in Georgia permits for divorce by proving that one party has deserted the other. Three elements should be demonstrated to get a divorce in Georgia for desertion:

1) Willful Absence--The purported wrongdoer should have the intention to desert. The absence must be willful and not justified by the conduct of the other spouse or with the other spouses consent.

2) Cessation of Cohabitation--This can be proven by either demonstrating physical absence or denial of conjugal relations with the intention of casting him/her off as a spouse completely.

The desertion should be for one year and be continuous for that year and for that period immediately prior to the filing of the divorce petition.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Savannah GA alimony lawyers

spousal support payments are alive and well in the US divorce system. If you earn substantially more money than a spouse to whom you have been married for several years, there is a huge chance you will be directed to give some maintenance. However, alimony usually isnt given for short marriages or the sspouses earn close to the same amount.

If you get an alimony order but your spouse does not make the ordered payments, take quick legal action to enforce the order through a contempt proceeding or an earnings assignment order. alimony orders have the same force as any other court order and, if handled properly, can be enforced with the very real possibility of obtaining timely payments. If required, a court may imprison a reluctant payor to prove that it means business.

Spousal Support is of three types:
• Permanent maintenance - the spouse who pays continues making the payments until death or until the spouse granted the payments remarries.
• Temporary spousal maintenance - the payments are made over a short interval of time to help the receiving spouse to stand alone once again.
• Rehabilitative alimony - is paid to to enable a spouse with lower employability or earning capacity become adjusted to a new post-marital life.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Liberty County Georgia family law firm

Child custody in GA

"Child custody" is a legal term which is often used by family courts to describe the rights and responsibilities of divorced parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent. When divorced parents are unable to agree on such issues, the judges are usually left with the difficult job of determining the most suitable custodial arrangement for the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations, the more knowledgable they will be in taking decisions regarding their children after a divorce.

Each parents rights and responsibilities to his or her minor children include decisions regarding the raising and general welfare of the children on issues like the childrens education, medical care, dental care, and religion. Such rights and responsibilities are commonly called "legal custody" of the children.

The residency or placement of children refers to where the children will live and spend the most of their time. Many time, a child will live with one parent more than the other parent, and the parent with whom the child resides with the most will generally be responsible for the day-to-day care of the child. In few cases, the child will reside equally with both parents, close to equally with both parents, or live a significant amount of time with each parent and the parents will share in the responsibilities and day-to-day care of the child.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Chatham County Georgia Grandparents visitation rights lawyer

Georgia Grandparents visitation rights

Troxel v. Granville, 530 U.S. 57 (2000) is a landmark case concerning the visitation rights of grandparents. The Supreme Court held that it is a fundamental liberty of parents to make decisions concerning their childs custody. It includes the freedom to choose when and with whom minor children can spend their time, and is applicable to time spent with grandparents.

At the time of hearing a petition filed by grandparents for visitation rights, judges will always consider the decision and desires of the custodial parent. Importance is given to the objections of the parent about the visitation of the grandparents. Even in the ruling of the Troxel case, the U.S. Supreme Court advised parents to adopt a relaxed attitude. It urged them to strive towards building an amicable bonding between the grandparents and grandchildren. Most legal experts believe that one of the best method to resolve such a conflict is to talk about the matter with the parents rather than involving the judicial system. Discussions can take place openly, through law firm, via mediation, or through some form of alternative dispute resolution. Communication between the parents and grandparents can prevent misunderstandings and can prove to be far more productive than intervention of the legal system, while also safeguarding the relationship.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Chatham County GA Custody Plans

Savannah GA child custody lawyer

For numerous divorced and separated parents with children, there is a common reason as to why they receive the child custody and visitation arrangement they have the court determined it. The court fixed the parenting arrangement based on what the judge felt was in the childs best interest.

Courts do not always make the child custody decision or finalize the parenting plan arrangement. In fact, typically, the court will not make the child custody decision for the parents. It is usually when the parents are unable to reach an agreement on child custody that a judge will select the parenting arrangement for them. If the judge makes the child custody decision for the parents, it is commonly referred to as a final judicial order or judgment on child custody.

When the judge chooses a parenting plan for the parents, it will usually result in one or both parents being upset or feeling a sense of loss. Usually, a parent feels as though he or she won child custody whereas the other parent feels that he or she "lost" child custody. At times both parents are disappointed with the decision of the court. It is never the case that both parents feel like they won when the court makes the child custody decision.

To prevent an arbitrary decision determined by the court, you must learn more about how child custody decisions are made and the laws in Georgia. How judges have ruled in the past and what influences the decisions is information that will be useful to you.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Liberty County GA divorce lawyer
Savannah adoption attorney


Alimony in Chatham Hill GA

Alimony is an payment out of one partys estate, made for the support of the other party when living separately. It may be either temporary or permanent.

A spouse will not be entitled to alimony if it is shown by a preponderance of the evidence that the separation between the parties was a result of that spouses adultery or desertion. In all cases where alimony is sought, the court should seek evidence of the factual cause of the separation even though one or both of the parties may seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.

In all other cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either spouse in accordance with the requirements of the spouse and the capacity of the other party to pay. When deciding whether or not to grant alimony, the judge will consider evidence of the conduct of each spouse toward the other.

Should either party die before the courts order on the issue of alimony, all rights of the other spouse to alimony will survive and be a lien upon the estate of the deceased spouse.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Savannah GA family law lawyer
Chatham County adoption attorneys


New Support Guidelines in Chatham County GA

A contested divorce is one where the spouses fight so much over assets or child custody that they cannot reach an agreement, and instead pass these issues to the court to determine. The judge and court clerks will be the main players in a contested divorce lawsuit. In Georgia, the jury cannot decide custody or visitation, only financial issues can be determined by them. In the 2006 legislative session, the Georgia General Assembly passed Senate Bill 382 and it significantly revised the entire structure of how child support is calculated in the State of Georgia. The new rules address and codify numerous situations that generally arise in child support lawsuits. For example, the new guidelines have provisions that specifically address what happens when one parent suffers an involuntary loss of income. If a parent is unable to afford his or her child support obligation due to an involuntarily termination from employment that causes in a loss of income of at least 25 percent, the guidelines afford that parent some protection. The new rules afford protection to a parent when the other parent becomes voluntarily unemployed or underemployed. In those cases the court is required to decide the reasons for the parents occupational choices.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Liberty County Georgia family law attorneys
Chatham County adoption lawyer


One spouse must have stayed in the State of Georgia for 6 months or Georgia should have been the last domicile of the marriage. Spouses must be considered separated in a legal sense prior to filing for a divorce. Parties may be considered separated even if they are staying in the same house if they are not sharing the same room and/or do not engage in a sexual relationship. If there is agreement between the parties, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the Defendant is served with the Divorce Petition. If there is disagreement as to any matter, the divorce will be obtained when the case reaches the court, which can take several months.

Parties may be able to reach an agreement resolving all issues arising from the marriage, such as finances, division of property, and child custody and visitation of children. The agreement is submitted to the Court as a Marital Settlement Agreement and, upon approval, made an order of the Court. The Courts order, called a Final Judgment and Decree, concludes the lawsuit. However, the parties cannot reach an agreement, the issues will be resolved by the Judge or the jury. However, a judge always determines matters of custody and visitation.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Chatham Hill Georgia child custody attorneys
Savannah GA adoption attorneys


Child Custody cases in Savannah Georgia

The welfare of children is of major importance to the Court. Neither parent is outright ensured child custody. The court looks at the best interests of the child in deciding the right parent to have child custody. The court looks at many factors at the time of deciding custody. These factors are the age and sex of the child, compatibility with each parent, and the ability of each parent to care for and nurture the child. A child above 14 years of age can select which parent will have custody with the consent of the judge. In election situations, meanwhile, the trial court has a wide latitude and discretion in determining whether the selected parent is a fit and proper person to have custody. If the child is at least 11 but not 14 years old, the judge must look at the wishes, if any, and educational requirements of the child in deciding custody between the parents, but the court will have complete discretion and the childs desires will not be controlling. Law considers it important for a child to maintain a relationship with both parents; and so visitation rights are awarded to the parent who is not given legal custody of the child.

The court in its discretion can award joint custody and not sole custody. There are two kinds of joint child custody. Joint legal custody means that both parents have equal rights and responsibilities for major decisions concerning the child. In joint physical custody physical child custody is shared by the parents in such a way to assure the child almost equal time and contact with both parents. In granting joint custody, the court may order joint legal child custody, joint physical custody, or both.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Savannah GA family law attorney
Liberty County child support attorney


Child Support in Chatham Hill GA

Under Georgia law both parents are required to support their children until a child reaches the age of twenty, dies, graduates from high school, marries, is emancipated, or joins the military, whichever event happens earlier. The non-custodial parent must pay a reasonable amount of child support to the custodial parent for the childs living expenses. Child support, in addition to a monthly or weekly sum, can also include payments as health insurance and payment of medical and dental expenses.

From January 1, 2007, the guidelines for determining child support based on a new “income shares” model which will take into account the income of both the custodial parent and the non-custodial parent became effective. The child support rules are a minimum basis for deciding the amount of child support and will apply as a rebuttable presumption in all court proceedings involving the child support responsibility of a parent.

The Court will not direct parents to pay for college. But, parents may agree to pay child support beyond the age of 18 or to pay for college expenses.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Chatham County GA divorce law firm
Chatham County adoption lawyer


Divorce and Property in Savannah Georgia

A challenging area of divorce is the division of marital property. Marital property is all assets acquired during the marriage, except for assets received by gift from a third party or by inheritance. Each spouse is entitled to an equitable share of all property obtained during the marriage. The Judge will decide on the division of marital property. Marital property will be distributed equitably not necessarily equally amongst the spouses irrespective of how the title to the property is held. There is no set formula or percentage amount used to distribute marital property.

In Liberty County GA, you can argue that fault must be taken into consideration in setting spousal support. You can forward this argument even if you have filed for divorce on the grounds of fault. If the higher-earning spouse committed adultery, was abusive, or is for some other reason at fault for the divorce, the support payment may be more. If there is only a certain amount of support that your errant spouse can afford, the judge will not order an unrealistically exorbitant amount. Generally, the spouse who receives support has payments reduced due to of fault. In GAthe support payments (if any) can certainly effect how the marital property division is made, which is why it can become a very important part of the final result of any divorce. Spousal support, also referred to as “alimony” or “maintenance,” is designed to help a lower-earning spouse make it through the divorce and the transition into a new single life. Based on the duration of the marriage and the degree to which one spouse was financially dependent on the other, support can go on for many years. There are two broad categories of spousal support: short-term support and long-term or permanent support. “Reimbursement” support is a kind of long-term support. A spouse may also get temporary support before the divorce is final. Alimony is payment by one spouse to the other for the others support and maintenance. The court can award alimony to either the husband or the wife. Alimony can be for a limited period of time or till the spouse receiving alimony dies or remarries. Alimony can be paid in one payment of money or property, or it may be paid over a period of time.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Savannah Georgia family attorney
Chatham County visitation attorney


Grounds for divorce in Savannah GA

To get a divorce based on one of the twelve "fault" grounds, one must demonstrate that there was some wrongdoing by one of the spouses. For example, one fault ground is adultery. Adultery in Georgia includes heterosexual as well as homosexual relations between a married individual and another individual. Desertion is another “fault” ground for divorce in Georgia. A divorce may be granted on the grounds that an individual has deserted his or her spouse willfully for at least a year.

Mental or physical cruel treatment, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction, and mental illness are the other “fault” grounds.

Georgia has the option of “no-fault” divorce. In a no-fault divorce, you do not have to prove that your spouse is to be blamed for your decision to seek divorce, you merely inform the judge that you and your spouse have “irreconcilable differences” or have suffered an “irremediable breakdown” of your marriage.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Savannah Georgia divorce attorneys
Liberty County adoption lawyers


Legal Custody & Physical custody in Georgia

Legal custody is the legal authority to take major decisions on the childs behalf. Major decisions are where the child will go to school, the type of education, the form of religious upbringing, and non-emergency medical decisions.

Sole Legal Custody

The parent who has sole legal custody is the only person who has the legal authority to take major decisions on behalf of the child. Major decisions include decisions regarding education, religion, and health care.

Joint Legal Custody

Joint legal custody refers to a situation where both parents have the legal authority to make major decisions for the child. Keep in mind that parents can have "joint legal custody" without having "joint physical custody." Physical custody refers where the children live the majority of the time.

Sole Physical Custody

With sole physical custody, the child physically resides at one location. In many cases, the non-custodial parent is given generous visitation rights, including sleepovers.

Joint Physical Custody

Joint physical custody is also referred to as "Shared Custody," "Shared Parenting," or "Dual Residence." In form of custody, the children stay with one parent for part of the week or part of the year, and with the other parent during the remaining time. The division of time spent at each location is approximately equal.

Birds Nest Custody
Birds nest custody refers to a situation where the children live in one central location, and the parents rotate in and out of the childrens home on a regular basis.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Chatham County Georgia property division lawyers

How To prove Adultery
Savannah GA adoption attorneys


There likely is no such thing as a pleasant adultery lawsuit; because names, dates, places, paramours, and the like have to be brought out in discovery.

You will require a corroborative witness, such as a mutual friend or neighbor, who has no stake in the case except disclosing to the court what he/she witnessed.

The majority of adultery lawsuits are demonstrated by circumstantial evidence, which means that you have to convince the court that your spouse had the disposition and opportunity to cheat on you.

The law does not treat adulterers equally. In Georgia, adultery may impact custody if the adultery is proven to have harmed or impaired the children. Adultery does not necessarily influence spousal support awards in Georgia. It can, however, be a factor for consideration in awarding alimony.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Savannah GA divorce attorneys
Chatham County family lawyer


A major issue that can influence an award of maintenance is the property to be maintained or divided between the spouses. If the party seeking maintenance has been a stay at house parent, but desires have substantial assets after divorce or has separate assets, like a trust fund, the courts outlook towards the award of maintenance request be affected. The judge will definitely consider a request for maintenance under these conditions more adversely than a request made by a spouse who is getting no assets in the divorce or who does not have any separate property.

The health of the party seeking maintenance is an important factor that can impact a judges decision in deciding spousal support. If the spouse asking for maintenance has a enervating physical condition that affects whether or how much they can work, the court will not want to impoverish that party after divorce and the court will be more likely to use maintenance to address at least basic living needs.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Divorce and bankruptcy in Georgia

Savannah GA Divorce Lawyer

One of the key features of the new bankruptcy rule is the introduction of means test. Anyone who wants to file a Chapter 7 bankruptcy has to undergo a means test. The means test uses annual income limits based on household size as one factors of eligibility.

The division of payments and debts in a divorce must always take into consideration the chances that one spouse or the other might file for bankruptcy after the divorce. Spousal maintenance payments will not be discharged by bankruptcy but non-specific obligations from one spouse to the other can. Therefore, if the couple agrees that one spouse will pay the other a lump-sum instead of on-going maintenance payments, it will still be identified as maintenance and so it will not be discharged.

Divorcing couples often divide their joint credit card liabilities between them. However, if one spouse later declares bankruptcy, they can have their share of the debt discharged and the credit card company will look to the other spouse to pay the full debt. This risk might be minimized by the divorce agreement stating that the credit card debt is not dischargeable and this agreement is brought to the attention of the bankruptcy judge.

Sometimes, one spouse will buy out the other's interest in the home in exchange for payments to be made over time after the divorce. These payments could be discharged bybankruptcy and the spouse owed the money must protect him/herself by requiring the other spouse to provide a deed of trust or some other enforceable instrument as a further guarantee of payment.

The new bankruptcy rules have made child support payments the maximum priority debt that should be repaid by anyone seeking to file for bankruptcy. ------------------------------
Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer

Georgia Divorce Explained - Savannah Divorce Lawyer

Divorce dissolves a marriage. Divorce is different and must be distinguished from an annulment of marriage. An annulled marriage is void from the beginning. A marriage is valid till the time of its dissolution in the case of a divorce. The children from such marriage are legitimate. A divorce formally dissolves a legal marriage. Divorce is regulated by state law. Common law marriages are recognized in the state of Georgia if created before 1/1/97.

Under common law marriage, couples are considered legally married if they act like they are married, hold themselves out to the world as married, and intend to be married. Yypical indicators of a common law marriage include filing joint tax returns, referring to each other as husband and wife, and using the same last name.

In Georgia you must get a divorce to end your marriage if your common law marriage was created before 1/1/97. Georgia has strict residency requirements for divorce filings. You must meet the residency requirements if you want to seek divorce in Georgia. If this issue concerns you, contact a lawyer who is an expert in this area.

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Savannah GA Divorce Lawyer
GA Uncontested Divorce - Georgia Contested Divorce -

We specialize in: Georgia Separation Agreements - Spousal Support - Property Division - Alimony - Military Divorce - Contempt Actions in Divorce Cases, Uncontested Divorce, Savannah Georgia Noncontested divorce - Child Custody Attorney / Custody modification - Child Support Modification - Child Visitation

Savannah GA, Richmond Hill, GA, Fort Stewart, Hinesville, Georgia Family Law Lawyer