Here are five areas of Georgia Divorce you will want to be aware of:

• Georgia Residency Requirements for Divorce
• Legal Grounds for Divorce in Georgia
• Child Custody and Visitation Laws
• Property Division
• Child and Spousal Support

Georgia Residency Requirements for Divorce:
Georgia will not grant a divorce to a family unless at least one of the spouses has been a Georgia resident for at least six months.  Divorce for enlisted soldiers and their spouses are a bit different.  If at least one spouse has been a resident of any US army post or military reservation within the state of Georgia within the last year, the couple may file for divorce in the county adjacent to the military post or reservation.
Legal Grounds for Divorce in Georgia:
Georgia divorce laws include 12 fault-based grounds for divorce as well as guidelines for a “no-fault” divorce.  A “no-fault” divorce is where one spouse states that the marriage is “irretrievably broken” and is grounds for divorce in Georgia.  Oftentimes the fault-based grounds for divorce can give a spouse an advantage with respect to issues such as custody and alimony.  The 12 fault-based grounds for a divorce in Georgia are a follows:
Adultery (by either spouse)
“Willful and continued desertion” for one year
Conviction (and imprisonment for two years or longer) of either spouse for an offense involving moral turpitude
Habitual drunkenness
Impotency
Discovery of incestual relationship between spouses
Mental incapacity when the marriage occurred
Marriage by force, menace, duress or fraud
Pregnancy of the wife by a man other than the husband when the marriage occurred
Habitual drug addiction
Willful infliction of physical or mental pain upon the complaining spouse
Incurable mental illness

Child Custody and Visitation Laws in Georgia:
Georgia courts begin with the assumption that a child’s best interest is best served by having a custodial relationship with both parents.  In situations of physical abuse or drug abuse, the court will often decide against joint custody.  The overarching concern of the court is to determine child custody and visitation based upon the best interests of the child or children.
Property Division in Georgia Law:
Georgia is an “equitable distribution” state.  This means that spouses must divide all marital property “fairly”.   Fairly does not necessarily mean equally.
Property to be divided includes all assets the couple acquired during their marriage.  This includes gifts given to one another, as well as appreciation of property through efforts of one or both spouses.
Non-marital property includes property inherited or received as a gift from a third-party.  Non-marital property is generally exempt from division of property, though a spouse may need to prove that the property in question is indeed “non-marital”. Other issues can arise if the non-marital property was commingled with marital property, which my subsequently render all of it marital.
Child Support and Spousal Support (Alimony):
Georgia courts are not required to award spousal support.  If it can be proves that a spouse committed adultery or deserted the family, and either of these was the cause for the divorce, the deserting or adulterating spouse should not receive alimony pursuant to Georgia law.  In general, alimony is determined based on the conduct of each spouse. The receiving spouse’s decision to remarry or not to do so also has an impact.
Obligations for child support are treated independently from alimony decisions.  In general, a parent must pay child support until the child reaches 18, graduates high school, gets married, becomes emancipated, or dies. Usually, a parent’s obligation to pays child support will last until the child reaches 18 years of age or graduates high school, whichever comes first.

Other Important Factors in Georgia Divorce Decisions:

Paternity issues, annulments, prenuptial agreements, and alimony in military cases are just a few of the other issues which may have a large impact on divorce decisions.  For more information, please contact The Schachter Law Firm, LLC to arrange a meeting with one of our Divorce Law and Family Law attorneys at 912-233-8883.

Why Would I Consider Divorce Mediation?

Everyone knows a divorce is a challenge. Whether it is a mutual decision or one-sided––whether you are a parent or a child, everyone is affected in an undesirable manner. While divorce is often an optimal course of action, it is never pleasant to leave the one you once believed you would remain with for the long haul. Nevertheless, divorce is indeed the best alternative for many people. Consequently, it is essential to make it as easy and painless as you can.

How is it Different From a Trial?

The first thing is to decide whether the divorce will enter mediation or a trial. Mediation is an excellent option if you think you’ll be able to compromise with your partner. A mediation is usually a voluntary exercise in which you and your spouse convene with a neutral third party in order to determine an agreement you think will offer a more mutual benefit when compared to a court hearing. A mediation is a way of saving energy and expenses.

Challenges of Divorce Mediation

That isn’t to say a mediation is a walk in the park. You’ll face a number of complicated choices and you may end up with a few concessions you are a little sour on. Nevertheless, mediation is generally a voluntary act, which means you and your imminent ex are aiming for a collaborative division. In Chatham County, Georgia, and in some other jurisdictions the courts actually require parties to attempt mediation before the parties are permitted to proceed to a final hearing. Mediation can be a useful measure if you aren’t merely looking to get as much as you can out of the settlement.

Reasons for Divorce Mediation

If your divorce is amicable, you may not look for as many assets as you can. Instead, you may want the split even––or else fair. On the other hand, you and your ex may have animosity, but a mutual affection for a child. In the event of custody designation, you may incorporate the will of your child or children in a way you wouldn’t if one of you won everything. A mediation is a responsible commitment if you are doing what is best for your children.

Divorce Mediation is Less Expensive

Mediation is often less expensive than a full-blown hearing, so you’re better able to finance everything without dipping far into your or savings and you do not have to dwindle what you may have otherwise been able to utilize for yourself or your children. But only agree on mediation if you honestly intend to give it your best effort. Engaging in mediation if you have no intention of any compromise will elevate enmity and extend the entire process. In the event of collaboration, you may share your fees––even if you decide on individual representation.

The Cost of Mediation

While a divorce may cost upwards of $20,000 and even more (it can cost between $50,000, $200,000, or even more if the case goes to a trial, particularly a jury trial), mediation is far less expensive and is usually less than $10,000 by the end of the csse. In a mediation, even if you do not receive everything you want, you will have a specific and guaranteed outcome––no surprises. If a divorce goes to court, you may get nothing.  The results in court are determined by a judge that does not know you and won’t think twice about making major decisions that will impact you for a long time thereafter.

Conclusion: Why Mediation

Mediation is a collaborative endeavor, it is more civil and giving. Mediation is not for everyone, however. If you would like what is best for your children and want to save money, if you think you’re better off with control over the end result, and if you feel as though you can get along with your ex one more time , at least to some extent, you may be better off in a divorce mediation.  The lawyers at The Schachter Law Firm, LLC specialize in all aspects of divorce, including Divorce Mediation. If you wish to consult with an attorney, please call (912) 233-8883.