The Basics of Family Law in Georgia

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The complexities of life sometimes require a clear understanding of family law. Relationships can become unpredictable suddenly. When that happens, having a sense of your rights and responsibilities can help. Georgia’s family law provides guidelines for residents regarding various household matters, including marriage, divorce, and child custody. Understanding the complications involved in these affairs is fundamental for the concerned parties.

“Typically, an adoptive parent must be at least 25 years old - unless married - and at least ten years older than the child. Both singles and couples can adopt if they meet the legal standards and demonstrate the ability to provide a stable home,” says Shawna Woods of Atlanta Divorce Law Group. This article breaks down the fundamentals of Georgia family law, providing a framework for navigating life’s unexpected twists and turns.

Marriage and Annulment

The laws governing marriage in Georgia provide the groundwork for legally binding unions. Couples must meet qualifications by age, typically 18 or older, without parental consent. Minors, typically 16 years old, require guardian or parental consent. Gay marriages are legal in the Peach State, keeping pace with national trends toward openness. Before saying their vows, couples need to obtain a marriage license from the probate court in their jurisdiction.

When a marriage turns out to be invalid, the state offers an avenue of annulment. Unlike divorce, an annulment makes the marriage non-existent legally, as though it never was valid. Frauds, bigamies, or incapacity to contract marriage at the time are some of the common reasons for annulment.

Divorce

Ending a marriage is legally and emotionally complex. Divorce requires one spouse to file with the court, claiming either no-fault grounds, like irreconcilable differences, or specific fault-based grounds, like adultery or desertion. The state mandates a 30-day waiting period before finalizing uncontested divorces. Contested cases can take much longer, depending on property division, alimony, or child custody disputes. Spouses must make complete financial disclosures during the process. Under this approach, courts divide assets and liabilities fairly, guided by equitable distribution principles rather than a strict 50/50 standard.

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Child Custody

Custody determinations prioritize the child’s welfare as the guiding principle. Courts consider each parent’s ability to provide a stable home, emotional support, and involvement in the child’s life. Parents may share joint custody or get sole custody, but one may have visitation privileges. Physical custody is where the child lives, and legal custody provides rights for education, health, and religion. Judges will usually urge parents to create parenting plans jointly. However, if the parents disagree, the court imposes its custody plan.

Alimony

Courts may order financial support for a divorced spouse. Alimony is not obligatory and depends upon the length of the marriage, the incomes of both spouses and their future earning capacity. Temporary alimony, also called pendente lite, finances living expenses while awaiting divorce. Permanent or rehabilitative maintenance continues following the final decree. Rehabilitative alimony often helps a spouse become self-supporting through education or training. Marital misconduct, such as adultery, could affect eligibility for spousal support. Payment can be adjusted or terminated later if the situation for either party changes substantially. 

Adoption

Family law dictates the procedure for legally bringing a child into a family. Adoption typically comprises future parents subjecting themselves to background screening, home assessment, and approval through a court order to guarantee the safety and well-being of the child. Consent of biological parents or relinquishment of their parental rights is generally required before finalizing adoption. Exceptions do apply in the event of neglect or abandonment.

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Domestic Violence

There are legal protections for victims of domestic violence. Victims may seek protective orders, which limit contact with abusers and can provide temporary custody or financial assistance during proceedings. Family courts review evidence such as police reports, medical histories, or witness testimony to issue protective orders. Violating a protective order is a crime and may include fines or jail time. Victim support services can assist victims in establishing their lives. Shelters, counseling services, and legal advice are readily accessible in Georgia for abuse sufferers.

By ML Staff. Images courtesy of Pexels