The attorneys at the Atlanta law office of McCartney Law, LLC provide professional advice and effective representation across the range of family law matters in the Atlanta Metro Area and Northern Georgia, including divorce and custody matters, adoptions, paternity proceedings, grandparent visitation rights, and domestic partnerships. Our lawyers are experienced litigators and can help make sure that your family law matter is resolved successfully while protecting your rights and seeing to the best interests of you and your family.

Divorce

Georgia law has many fault-based grounds, as well as a no-fault ground. To obtain a no-fault divorce, it must be shown that the marriage is “irretrievably broken,” but one party does not have to prove that another party is at fault in some way, such as through adultery, abandonment, or physical abuse. At least one spouse must have lived in Georgia for at least six months before filing for divorce to meet the state’s residency requirement. An uncontested divorce can be completed in as little as 31 days from the time the other party is served with the complaint, but if there are any issues to resolve regarding custody of the children, payment of support, or the distribution of marital property, the process can take several months to conclude.

Child Custody

There are two types of custody that must be considered – legal custody and physical custody. Legal custody refers to the right and obligation of the parent to make important decisions regarding the child’s upbringing in areas such as medical care, education, and religion. Physical custody is the actual physical possession of the child – whom the child lives with. The court bases its custody decision on a number of factors to determine what is in the best interests of the child. The judge can grant joint or sole custody regarding both legal and joint custody. Parenting time is usually granted to the non-custodial parent unless some compelling reason argues against it, such as a history of domestic violence.

Child Support

Child support is derived from a statutory formula known as an income shares model, which is based on both parties’ gross income, and is paid by the non-custodial parent according to the monthly amount derived in the formula. However, there are still many issues that must be resolved in court, such as the proper calculation of each party’s income and whether the circumstances warrant a deviation from the guideline amount.

Alimony

Alimony, also known in some places as spousal support or maintenance, is not granted in every case. Alimony may be awarded to either spouse and may be ordered for a definite period of time or indefinitely until the receiving spouse either dies or remarries. An award of alimony may also be ordered in one lump sum as opposed to monthly installments.

Property Division

Like most states, Georgia is an “equitable distribution” state, meaning that the court will divide up the marital estate between the spouses in a manner the court deems fair or equitable. Generally speaking, marital property includes all assets and liabilities acquired by the parties during marriage, except for property received by one spouse through a gift or inheritance. This simplified view can get quite complicated, however, and it is vital to be represented by an experienced divorce lawyer to make sure that every asset is properly characterized as marital or separate property and correctly valued in order to ensure that the court makes an equitable distribution.

Modifications

It is possible to return to court at a later date to seek a modification of a custody or support order, upon a showing that circumstances have changed that warrant a modification of an earlier order. For instance, the income or expenses of either spouse or the children may have changed, or the custodial parent may wish to relocate to another state. A hearing and court action is required to modify any prior court order.

Comprehensive Family Law Representation

Our firm also handles issues involving grandparents’ rights and other third party rights to visitation. In addition, we handle other family law matters such as adoptions, paternity, and domestic partnerships. Many of these issues are frequently encountered in the context of a divorce, although they may be raised on their own as well. See our FAQs page for answers to frequently asked questions in these areas. For advice and representation in a divorce or other family law matter, contact McCartney Law, LLC for a free consultation with a qualified and experienced family law attorney.