Divorce & Family Law Summary
U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted into law, the divorce courts in Hawaii have the authority to manage the divorce proceedings, including spousal support and child support payments, custodial rights of parents, and the division of community property.
Since state laws are repealed and amended frequently, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues.
Read our expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.
RESIDENCY REQUIREMENTS
To file for a divorce in Georgia, at least one spouse needs to be a state resident for six months before filing a divorce petition.
GROUNDS FOR DIVORCE – NO-FAULT
The following grounds for divorce are recognized in the state of Georgia:
(1) marriage between close blood relations;
(2) Mental incapacity at the time of the marriage;
(3) Impotence at the time of the marriage;
(4) Force, menace, duress, or fraud in obtaining the marriage;
(5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
(6) Adultery in either of the parties after marriage;
(7) Willful and continued desertion by either of the parties for the term of one year;
(8) The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
(9) Habitual intoxication;
(10) Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;
(11) Incurable mental illness;
(12) Habitual drug addiction, consisting of addiction to any controlled substance.
(13) Irretrievable breakdown of the marriage.
SEPARATION
When spouses live separately, either spouse may petition the court for alimony or child support without a pending divorce. The other party shall be notified of such a petition, and the judge can grant such an order to be enforced in the same manner as a divorce.
MEDIATION OR COUNSELING
In contested divorce cases, the judge may refer the couple to an appropriate alternative dispute resolution program before a trial if such a method is reasonably available without additional cost to the parties.
PROPERTY DIVISION
Georgia is an equitable distribution state. At this time, there are no statutes regarding what the court considers when distributing the property in a divorce case. Generally, the separate property of each spouse shall remain the individual property of that spouse.
ALIMONY & MAINTENANCE
Alimony may be awarded on either a temporary or permanent basis. A party shall not be entitled to alimony if established by a preponderance of the evidence that that party’s adultery or desertion caused the marital discord.
Alimony may be awarded per the needs of the party seeking alimony and the ability of the other party to pay. Unless otherwise provided, alimony shall end upon the remarriage of the party receiving alimony.
In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.
The following shall be considered in determining the amount of alimony, if any, to be awarded:
(1) The standard of living established during the marriage;
(2) The duration of the marriage;
(3) The age and the physical and emotional condition of both parties;
(4) The financial resources of each party;
(5) The time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career-building of the other party;
(7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
(8) Such other relevant factors as the court deem equitable and proper.
SPOUSE’S LEGAL NAME
In all divorce actions, a party may enter a request to restore a maiden or last name. If a divorce is granted, the judgment or decree shall specify and restore the requested name in the pleadings to the party.
CHILD CUSTODY
Custody may be awarded to either parent based on their best interest or children and what will best promote their welfare and happiness. If the child has reached the age of 14 years, the child shall have the right to select the parent with whom they desire to live.
The child’s selection shall be controlling unless the parent chosen is deemed unfit to have custody of the child. In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the child’s desires, if any, and educational needs in determining which parent shall have custody. At any temporary or permanent hearing, the court may grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate.
CHILD SUPPORT
Child support continues until the child becomes 18 years of age, dies, marries, or otherwise, becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such approval shall not be required after the child attains 20 years of age.
Georgia uses an income-shares model to determine the amount of child support.
The court will consider the existence of exceptional circumstances and may adjust child support based on but not limited to:
(1) Ages of the children.
(2) A child’s extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such expenses or needs shall be considered if no insurance is available.
(3) Educational costs.
(4) Day-care costs.
(5) Shared physical custody arrangements, including extended visitation.
(6) A party’s other support obligations to another household.
(7) Income that should be attributed to a party because of suppression of income.
(8) In-kind income for the self-employed, such as reimbursed meals or a company car.
(9) Other support a party provides or will be providing, such as a mortgage payment.
(10) A party’s own extraordinary needs, such as medical expenses.
(11) Extreme economic circumstances include unusually high debt structure or unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum.
(12) Historical spending in the family for children varies significantly from the percentage table.
(13) Considerations of the economic cost-of-living factors of the community of each party.
(14) In-kind contribution of either parent.
(15) The income of the custodial parent. (16) The cost of accident and sickness insurance coverage for dependent children is included in the order. (17) Extraordinary travel expenses to exercise visitation or shared physical custody. (18) Any other factor which the trier of fact deems to be required by the ends of justice.
