FAQs

Under Georgia law, both parents have an equal right to custody. The court decides what is in your children’s best interest based on the facts of your case.

As long as there is a fully executed settlement agreement, an uncontested, no-fault divorce that does not involve minor children takes at least 31 days from the filing of the signed acknowledgement of service with the court.

Uncontested settlements can occur if the couple has resolved all issues of divorce including property division, payment of debts, alimony, child custody, and visitation schedules either through mediation or on their own. One attorney represents the spouse who is the plaintiff and draws up the agreement. It is always advisable that the other spouse have the final papers reviewed by their own counsel to protect their interests. Once filed, the final hearing can take place within 31 days.

Contested divorce proceeding occurs when the parties cannot agree on one or more issues of the divorce such as property division or child custody. Between the filing of the divorce and the trial, the couple may reach a settlement agreement through their attorneys or through mediation. If that happens, the action may be converted into an uncontested hearing. Without resolution, the parties proceed through discovery where each side gains information about areas of financial assets and earnings, lifestyles, and the physical and mental health of the parties and their children. This process can be done through written questions, document exchange, depositions and examinations.

After discovery, the parties proceed to either a bench trial (with only a judge) or a jury trial to resolve the remaining issues. Before the trial, you may have one or more temporary hearings before the judge to determine temporary spousal or child support, custody, living arrangements or attorney fee payment. Contested divorces are more expensive because of the attorney’s time and court costs. Most divorce attorneys require a sizable retainer before filing a contested divorce.

A decree modification is an official change to the original divorce or custody agreement. Further litigation may be necessary following a divorce if you or your former spouse’s circumstances change substantially. For example, one of you may want to adjust the custody arrangement or visitation schedule.

Events warranting a modification may also include a change in living conditions or a change in lifestyle. Sometimes, a third party such as a grandparent or sibling may seek custody if both parents are unfit. One party may request a modification of child support if the paying party is making substantially more or less money than at the original time of determination. In determining custody, Georgia courts usually use the theory of what is in the best interest of the child.