Georgia Family Law Myths

If you’re preparing to file for divorce or know someone who is going through a divorce, it might be easy to make assumptions and go off of what you think is true rather than what is actually true.  In Georgia, there are a lot of misconceptions about the divorce process.

If One Spouse Commits Adultery, They Get Nothing.

Although adultery is one of the grounds for divorce under O.C.G.A. 19-5-3, it does not mean that if there is adultery you or your spouse gets nothing. It is one of the many factors that will be considered when the Court is determining equitable division.

The Mother of any Minor Children Will Always get Physical Custody.

In most cases, the mother does get physical custody while the father pays child support, but in Georgia, the custody of a child or children will always be based on what is in their best interest. “Best interest,” depends on what is best for the child and what will promote their happiness and welfare. There is no legal presumption in favor of either parent.

A Spouse can Deny a Divorce.

If one spouse wants to get out of their marriage, the other spouse cannot keep them in it. This is called a “no-fault divorce,” meaning that there does not have to be a showing of wrongdoing by either party.

Only Women Receive Alimony.

Spousal support is dependent on many factors and is not always awarded to women. Some eligibility factors include length of time married, spouse’s income, and living situation. Other factors that go into alimony are child support, whether or not there was infidelity on the part of the requesting spouse, medical conditions, among others. At the end of the day, alimony is about one spouse’s need and the other’s ability to pay.

There are a lot of myths related to family law. It is important to hire an experienced family law attorney that will stand by your side and advocate for your best interests. Contact the attorneys at Brown & Dutton Law Firm to schedule a consultation and protect your future!