Once a spouse makes the decision to file for divorce, he/she should take steps in preparation for this life-altering event, which may turn out to be a long and drawn-out process. Below are the steps, generally, that a spouse should take prior to filing for divorce....
Month: August 2017
HOW SOON CAN I GET DIVORCED IN GEORGIA?
In Georgia, the minimum waiting period for the granting of a divorce is thirty-one (31) days after the other party has been served or an acknowledgment of service has been filed with the court. By filing an acknowledgment of service with the court, the other party...
IS MEDIATION REQUIRED FOR DIVORCE CASES IN GEORGIA? IS IT EFFECTIVE?
Many Georgia counties require mediation. It is not uncommon for parties to divorce actions in Georgia to be contacted soon after the filing of an answer in a case to schedule mediation. Many courts require the parties to participate in mediation prior to having a...
DOES GEORGIA HAVE NO-FAULT DIVORCE?
All states now offer some form of no-fault divorce. In 1973, Georgia adopted its version, a 13th ground for divorce that does not require a showing of fault: "The marriage is irretrievably broken." For this basis of divorce, parties do not have to complain of the...
ARE DIVORCING PARENTS REQUIRED TO TAKE A PARENTING SEMINAR IN GEORGIA?
Under Rule 24.8 of the Uniform Superior Court Rules for Georgia, superior courts may require parents who are parties to domestic relations cases with minor children to complete a parenting seminar. The purpose of the seminar is to educate parents on the effects of...
I’M COVERED BY MY SPOUSE’S HEALTH INSURANCE. CAN I REMAIN ON HIS/HER INSURANCE?
In these current times, health insurance coverage has become a major concern for most individuals. For couples, one of the greatest benefits of marriage is the family coverage provided by one or both spouses' health insurance. Spouses considering divorce often...
IN GEORGIA, CAN I LEGITIMATE MY CHILD ADMINISTRATIVELY OR WITHOUT GOING TO COURT?
Legitimation is the process by which unwed fathers establish a legal relationship with their child. It is much more significant than the establishment of paternity, which is simply the legal identification of the biological father of the child. Legitimation enables...
CAN I MAKE AN OUT-OF-COURT AGREEMENT WITH MY EX-SPOUSE TO WAIVE CHILD SUPPORT OR REDUCE IT?
After a final judgment and decree of divorce that establishes child support has been entered, ex-spouses may wonder if they are allowed to establish their own private agreements outside of court modifying the child support obligation. Under Georgia law, such private...
IS CHILD SUPPORT AUTOMATICALLY REDUCED WHEN ONE OF THE CHILDREN TURNS 18?
Parents who pay a lump sum child support payment for multiple children may wonder if child support is automatically reduced when one of the children turns 18 and has graduated high school. Under Georgia law, there is no automatic reduction in child support due to one...
CAN MY EX-SPOUSE WHO HAS PRIMARY PHYSICAL CUSTODY MOVE OUR CHILD OUT OF STATE AFTER DIVORCE?
Sometimes ex-spouses want to move out of state after a divorce for reasons such as better job opportunities, being close to family, or to live with a new spouse. Issues often arise when the ex-spouse who seeks to move out of state is the primary physical custodian of...
