While everyone's situation is different, many people encounter the same basic questions concerning their rights and responsibilities.

Here are some Frequently Asked Questions (FAQs) and their legal answers. Please feel free to contact me if I can answer additional questions for you.

Frequently Asked Questions

My spouse wants me to move out.
What should I do?

Your spouse cannot force you to move out of the marital home without a written court order; only a judge (or the police) can make you leave. This issue should be discussed with your attorney and determined on a case-by-case basis. However, if there is a history of domestic violence, you may be better off living in separate residences.

How long does it take to get a divorce in Georgia?

You can finalize a divorce in as little as 31 days after service. Georgia does not require a waiting period for divorce.

Do we have to go to court?

No. The majority of all domestic cases settle outside of court. In fact, less than 10% of all divorce cases go to final trial. To conclude your divorce, the Plaintiff (the person who files the case) may have to appear in court briefly to establish the jurisdictional elements. Some judges may want to review your child custody and child support provisions; however, many judges are now allowing parties to waive this court appearance by filing certain specific court documents, generally known as pleadings.

Can both parties use one attorney?

No. The State Bar of Georgia Ethics Rules prevent us from doing so, because you and your spouse/former spouse have conflicting interests. For example, if you are the party obligated to pay child support, alimony, or attorney's fees, then I would negotiate whereby you pay as little as possible. On the other side of the coin, if you are the party who is to receive any of these financial awards, then I would negotiate for you to receive as much as possible. The goal of my representation depends upon which party I represent.

This is not to say that each party is required to have an attorney. Either party is free to represent him or herself. However, even if one party chooses to go unrepresented by an attorney, I can still only represent one party.

My spouse/former spouse wants joint custody of our children. What does this mean?

"Joint custody" is defined to include joint physical custody and joint legal custody; you can have joint legal custody without having joint physical custody.

"Joint physical custody" means substantially equal time with both parents; this type of award is more common with teenagers 16 and 17 years of age, who may also have access to an automobile and can, therefore, choose which parent they wish to live with at any given time. In children younger than this, whether joint physical custody is awarded by the court or agreed to by the parties is a function of not only the judge's opinion on this issue but also the age of the child, the child's ability to cope with such an arrangement, the bond of each parent to the child, the primary caretaking skills of each parent, the parents' ability and willingness to work with one another, and the proximity of each parent's residence to the other.

"Joint legal custody" means equal rights and responsibilities for major decisions in the children's lives, including health, education, religious training, and extracurricular activities. With joint legal custody, the parents are required to consult with one another when a major issue arises, yet the courts normally designate a final decision maker in the event of a disagreement.

How is child support determined?

On January 1, 2007, the Georgia Child Support Guidelines changed. Child support is no longer set as a percentage of the payor's income. It is now established using an income sharing approach, that is, taking into consideration the income of both parties, each party's proportionate share of the total income, and a chart that sets forth the approximate cost to raise a child with parents at that income level. Just like the preparation of an income tax return, there are Schedules that need to be completed to establish income and various expenses, and these numbers are then transferred to a Child Support Worksheet that ultimately calculates the support payment.

You can view the Child Support Worksheet at http://www.georgiacourts.org/csc/

I am covered under my spouse's medical insurance policy. What happens after the divorce?

Federal law requires insurance companies to offer you continued coverage after the divorce is granted pursuant to the Consolidated Omnibus Budget Reconciliation Act (COBRA). You may be familiar with COBRA if you have ever lost your job. Provided your spouse's employer has the minimum number of employees, the insurance company is required to offer you continued coverage for a period of 3 years after the divorce is granted.

For more information, go to http://dol.gov/dol/topic/health-plans/cobra.htm

Am I entitled to alimony?

Alimony is based upon one party's financial needs and the other party's ability to pay, as well as conduct issues. Realistically speaking, alimony these days is intended to be rehabilitative in nature, to provide the requesting spouse with an opportunity to become gainfully employed and/or to increase his or her earning potential. Some judges are more likely to award spousal support than others, so it helps if your attorney is familiar with your assigned judge.

How are our assets divided?

Georgia is an equitable division property state. "Equitable division" means whatever is fair and reasonable under the circumstances; it does not necessarily mean an equal division of "marital" assets between spouses, although more often than not, most assets are divided somewhere in the range of 50/50.

There are numerous factors the court will consider to determine what is fair and reasonable under the circumstances, including the following: the length of the marriage; the age of the parties; the health of the parties; the cause of separation; marital misconduct; the earning capacity of the parties; the contributions of each party as a spouse, as a parent, and financially; and each party's separate estate.

Note that "separate property" (premarital assets, inheritances, and gifts from third parties) is not subject to an equitable division.

My spouse has bad credit, so all our debts are in my name. Does that mean I'm stuck paying them?

No, it does not. A division of debts is not necessarily based upon in whose name the debt is titled. Generally speaking, there are several factors that are considered including who incurred the charge, the purpose of the expense, and both parties' financial circumstances.

Can you get my spouse/former spouse to pay my attorney's fees?

In most types of domestic cases, the law authorizes an award of attorney's fees from one party to the other under certain conditions, including a consideration of each party's financial circumstances. Regardless of the court's legal right to do so, an award of fees is always within the judge's discretion. Some judges are more willing to award fees than other judges, in part, depending upon the type of case, so it helps to "know your judge." Oftentimes, your lawyer will have a working knowledge of how a particular judge tends to rule on certain issues and can help you understand what to expect based on that judge's previous decisions.

My spouse/former spouse wants to take my children and leave Georgia. Can I stop him/her?

Generally, when there is a divorce or post-divorce action pending, the court will enter a Standing Order restraining and enjoining both parties from removing the children from the jurisdiction of the court. If you are already divorced, the law requires the custodial parent to give you thirty (30) days' notice prior to moving, which allows you sufficient time to consult with an attorney to determine the next step; at this point, if you wish to prevent your former spouse from leaving the state with your children, it will be necessary for you to file an action in court. However, if you are not yet divorced, then prior to the filing of a divorce action, you cannot prevent your spouse from leaving Georgia with the children.

I just lost my job. Can I get a decrease in my child support obligation?

If you have experienced a substantial decrease in your income or financial status since the entry of the previous order on child support, and provided that no final order has been entered in any other child support modification filed by you within the period of the preceding 2 years, you are entitled to seek a decrease in your support obligation. Be warned that if your former spouse tells you he or she will allow you to temporarily decrease your support until you get back on you feet, you are still legally obligated to pay the arrearage (back support). An agreement of the parties does not supercede or override a court order. You must file a modification action if you wish to legally modify your support obligation.

I would like to spend more time with my children. What can I do?

Every 2 years you have the right to file for a modification of your visitation without a showing of a change in circumstances.

How do you bill?

Domestic relations attorneys are not permitted to have a financial interest in your case. Accordingly, we bill hourly and most, if not all of us, require a retainer fee up front. A retainer fee is similar to a down payment or a deposit against future services.

Contempt actions provide an exception to the hourly charge by attorneys. An attorney may accept a contingency fee as a percentage of the arrearage you collect in court.

What is the "average cost" of attorney's fees in my type of case?

Short of, literally, reviewing all of the attorney's fees charged over a particular period of time in a specific type of case, it is very difficult for any attorney to accurately provide you with an "average" cost. Nonetheless, I can generally tell you that a custody battle is typically one of the most expensive types of litigation. Also, court appearances in any type of case increase your costs. Your ultimate cost will in large part depend upon the course of action chosen by the other party as well as the other party's reasonableness. A more reasonable opposing party, and a more reasonable opposing attorney, can make it much easier to reach a negotiated settlement, thereby substantially reducing legal fees and potential litigation expenses. However, if you have the kind of spouse or former spouse who will argue with you about what day of the week it is, then you can expect your fees to be higher. Always keep in mind the amount of your attorney's fees when negotiating the issues. Is it worth it to spend $7,000 to win an additional $8,000? Your attorney can help you determine the course that is in your best interest from all angles, as there is a cost to the stress and aggravation of protracted litigation.

Can you guarantee results?

I can guarantee that I will give you 100% of the benefit of my legal knowledge and experience to help you prevail, but no attorney can guarantee results. If any attorney makes you a promise or a guarantee, with a very few minor exceptions, RUN. With this said, based upon my experience I can sometimes give you an idea of the possible range of results in court, that is, what you stand to gain or lose from your assigned judge or a jury in a particular county. Otherwise, it would be unprofessional and irresponsible of an attorney to promise a result to a client.