Frequently Asked Questions about Family Law in Atlanta

We know that family-related matters can be complex, which is why our expert family lawyers in Atlanta provide all their knowledge to help resolve your questions.

Do you have questions about a family case and don’t know how to resolve it? Here you find the best legal advice in Family Law in Atlanta, Georgia.

We invite you to explore the answers to frequently asked questions about family law below.

Table of Contents

Frequently Asked Questions About Divorce

What are the requirements for filing for divorce in Atlanta, Georgia?

To file for divorce in Atlanta, Georgia, the following requirements must be met:

  • At least one spouse must have been a resident of the state of Georgia for at least six months before filing for divorce.
  • Have a valid legal reason for divorce. In Georgia, divorce is allowed both by mutual consent (no-fault) and for specific reasons (fault).
  • File a divorce petition with the competent local court.
  • Notify the non-petitioning spouse of the filing of the divorce petition. This can be done through an official notification process or by mutual consent.

How is child custody determined in an Atlanta divorce case?

In Georgia, “equitable division” refers to the fair, but not necessarily equal, distribution of marital assets and debts The court will consider several factors to determine how to divide the assets, such as each spouse’s contribution to the marriage, the length of the marriage, and the financial needs of each party.

What is mediation in the context of a divorce in Georgia?

Mediation is a process in which a neutral third party, the mediator, helps divorcing parties negotiate and resolve their differences outside of court. In Georgia, mediation is often a required step before a divorce case goes to trial. It is an option that can save time, money, and stress, and Carolina Pineres has extensive experience guiding her clients through this process.

What is legal separation and how does it differ from divorce in Georgia?

Legal separation in Georgia allows couples to live apart without legally dissolving their marriage. Unlike divorce, legal separation does not end the marriage but allows spouses to address issues such as support and custody. Some choose this option for religious, financial, or personal reasons.

How does infidelity affect the divorce process in Georgia?

In Georgia, infidelity can influence the division of assets and the awarding of spousal support. If it is proven that a spouse was unfaithful, the court may grant a larger share of the assets to the wronged spouse and reduce or eliminate spousal support for the unfaithful spouse.

If you need a consultation with one of our divorce attorneys in Georgia, we invite you to contact us here or call us at our numbers 1-770-956-9961 | 1-404-920-4746

Frequently Asked Questions About Child Support

What factors are taken into account when calculating child support in Atlanta, Georgia?

Child support in Georgia is calculated using a shared income model, which takes into account the incomes of both parents. The court also considers other factors, such as the child’s needs, the cost of health insurance, and education-related expenses. Carolina Pineres can help you understand how these rules apply to your specific situation.

What is spousal support and under what circumstances is it awarded?

Spousal support, also known as alimony, is financial support given to a spouse after divorce. In Atlanta, it is awarded in situations where one spouse can demonstrate the need for financial support and the other has the ability to provide it.

What does child support in Georgia include?

Child support in Georgia is intended to cover the child’s basic needs, such as food, housing, clothing, and education. It may also include additional expenses like health insurance, uninsured medical costs, and extracurricular activities.

When does the obligation to pay child support end in Georgia?

In Georgia, the obligation to pay child support generally ends when the child turns 18 or graduates from high school, whichever occurs later. However, if the child has special needs or is enrolled in college, support may be extended longer, depending on the agreement or court order.

What happens if a parent does not pay child support in Georgia?

If a parent fails to comply with court-ordered child support payments in Georgia, several enforcement measures can be taken. Estas incluyen la retención de salarios, la suspensión de la licencia de conducir, el embargo de cuentas bancarias y la interceptación de reembolsos de impuestos. These include wage garnishment, suspension of driver’s licenses, bank account seizures, and interception of tax refunds.

If you need a consultation with one of our child support attorneys in Georgia, we invite you to contact us here or call us at our numbers 1-770-956-9961 | 1-404-920-4746

Frequently Asked Questions About Custody

What factors are considered when determining child custody in Georgia?

In Georgia, the court considers several factors when deciding on child custody, including the child’s well-being, the child’s preferences if they are 14 or older, the parents’ ability to meet the child’s emotional and physical needs, and each parent’s caregiving history. The primary goal is always what is best for the child.

What steps must be taken to modify a custody order in Atlanta?

To modify a custody order in Atlanta, a petition must be filed with the court that issued the original order. It is necessary to provide solid evidence that demonstrates a significant change in circumstances that justifies the modification and that this modification is in the best interest of the child.

What should I do if I want to move out of state with my children after a divorce?

In Georgia, if you wish to move out of state with your children and there is a custody order in place, you must notify the other parent and, in some cases, obtain court approval. This is to ensure that the move is in the best interest of the child and does not negatively affect the child’s relationship with the other parent.

Can a child decide which parent to live with in Georgia?

En Georgia, un niño de 14 años o más puede expresar su preferencia sobre con cuál padre vivir. While the court will generally respect the child’s decision, it must ensure that the choice is in the best interest of the child. For children under 14, the court may consider their opinion, but it is not required to follow it.

What happens if one parent violates the custody agreement in Georgia?

Si uno de los padres no cumple con el acuerdo de custodia ordenado por el tribunal, el otro padre puede presentar una moción para hacer cumplir la orden. The court may take actions ranging from imposing sanctions to modifying custody, depending on the severity of the violation.

If you need a consultation with one of our child custody attorneys in Georgia, we invite you to contact us here or call us at our numbers 1-770-956-9961 | 1-404-920-4746

Frequently Asked Questions About Legitimation

How do you legitimate a child in Georgia?

To legitimate a child in Georgia, the biological father must file a legitimation petition with the court. This process grants the father legal rights over the child, such as custody and the ability to make important decisions in the child’s life. The process may include a hearing, where the court will assess whether legitimation is in the best interest of the child. If you do not legitimate your child, you may not have custody or visitation rights, and your legal relationship with the child may not be protected. Legitimation is essential to ensuring a lasting legal connection and allowing participation in your child’s life and important decisions, such as their education or health.

What is the difference between paternity and legitimation in Georgia?

Paternity in Georgia simply refers to the recognition that a man is the biological father of a child, while legitimation goes a step further, granting the father legal rights over the child, such as custody or decision-making authority. Without legitimation, a biological father may not have rights over his child, even if he is listed on the birth certificate. If you do not legitimate your child, you may face challenges in being involved in key decisions in their life, such as education or health. Legitimation ensures a legally protected relationship.

How long does the legitimation process take in Georgia?

The legitimation process in Georgia generally takes between three to six months, depending on the court’s workload and whether the child’s mother contests the petition. If the process is challenged, it can take even longer. Without legitimation, you could face years of legal battles to obtain visitation or custody rights, which could negatively impact your relationship with your child. Starting the legitimation process early ensures that you can establish a solid legal relationship as soon as possible.

What rights does a father gain after legitimation in Georgia?

Once a father has achieved legitimation in Georgia, he gains legal rights that include joint custody, visitation rights, and the ability to make important decisions in the child’s life, such as education and healthcare. Without legitimation, the father may be excluded from these decisions and could struggle to maintain regular contact with his child. Securing these rights through legitimation is crucial for maintaining an active and legally protected relationship with the child, especially in cases of dispute.

Can legitimation be contested in Georgia?

Yes, in Georgia, the child’s mother can contest the legitimation process if she believes it is not in the best interest of the child. In such cases, the father must be prepared to demonstrate his ability to care for and maintain a stable relationship with the child. Failing to take action for legitimation may leave the father without legal rights, even if he has a close relationship with the child. Contesting legitimation is a complex legal process, but with the right assistance, it is possible to defend the father’s rights and establish a legal bond with the child.

If you need a consultation with one of our legitimation attorneys in Georgia, we invite you to contact us here or call us at our numbers 1-770-956-9961 | 1-404-920-4746

Frequently Asked Questions About Domestic Violence

What should I do if I am a victim of domestic violence in Georgia?

If you are a victim of domestic violence in Georgia, it is crucial that you take immediate action to ensure your safety. You can call the police or reach out to a helpline for assistance. You can also request a protection order to keep your abuser away. You are not alone; there are organizations that support you, such as domestic violence shelters in Georgia. Not taking action can endanger your physical and emotional well-being, potentially leading to long-term consequences. It’s vital to seek help as soon as possible to break the cycle of violence and protect your future.

How can I obtain a domestic violence protection order in Georgia?

To obtain a protection order in Georgia, you must go to court and file a petition detailing the violence you have experienced. Once the petition is submitted, a judge will assess the situation and may issue a temporary order. This order can become permanent after a court hearing if deemed necessary. The protection order may prohibit your abuser from approaching you, your home, or your workplace. It is essential to act quickly, as any delay may allow the abuse to continue without consequences. If you need guidance, a lawyer specializing in domestic violence in Georgia can guide you through the process.

What should I do if I know someone who is a victim of domestic violence in Georgia?

If you know someone suffering from domestic violence in Georgia, the best thing you can do is offer non-judgmental support. Listening and being a trusted source can be the first step for that person to seek help. You can suggest that they contact organizations that provide shelter or legal advice in Georgia. If that person does not take action, the abuse may continue, with serious consequences ranging from physical harm to long-term emotional problems. Your support could be the catalyst they need to pursue a safer, violence-free life.

What types of legal assistance are available for victims of domestic violence in Georgia?

In Georgia, several organizations provide free legal assistance to victims of domestic violence. These services include court representation for obtaining protection orders, legal advice on the reporting process, and defense in divorce or custody cases where violence is a factor. Failing to take advantage of these services could leave you to face the legal system alone, which can be overwhelming and dangerous. Having a lawyer who specializes in domestic violence significantly increases your chances of obtaining protection and justice.

If you need a consultation with one of our domestic violence attorneys in Georgia, please contact us here or call 1-770-956-9961 | 1-404-920-4746.