Common Types of Family Law Disputes

Getting a grasp on family law in Georgia is no easy feat. It goes beyond divorce and child custody law, which is what most think of first. 

“It is the unknown that concerns clients the most. Providing clarity with compassion that makes all the difference in situations where families experience tough times, and that is what we do,” says Shawna Woods, an Atlanta-based family attorney and managing partner from Atlanta Divorce Law Group.

This guide explores some of the different types of family law cases that commonly exist today and what you can expect if you ever find yourself in one of these situations.

Divorce

Divorce is one reason families end up in court. When dealing with a divorce, an individual must work out how to divide their possessions, organize spousal support, and consider the impact on their children. 

Sometimes, couples manage to resolve issues quickly. At other times, when a lot is at stake, such as multiple assets or disagreements over children, the process can drag on, and judges often send the divorcing parties to mediation first.

Both sides need to consolidate their financial information so they can clearly state their objectives. For many individuals, the entire procedure is a significant financial and emotional burden, as it affects their family life in multiple ways.

Child Custody

Often, custody appears in the context of a divorce. In Georgia, the courts prioritize the child’s interests over those of the parents when determining custody. Thus, factors such as where the child goes to school and who they spend their weekends with matter.

There are two sides to custody. Physical custody looks into the child’s residence. Legal custody determines who has the authority to make high-level decisions, such as healthcare and educational choices for the child. 

Sometimes, neither parent is contending for custody in a custody battle. Grandparents, too, can take action if they feel that the parents do not adequately protect their child, so the court gets to decide what helps maintain stability for the child.

Child Support

Child support payments generally enter the equation during situations where parents separate or where one of the unmarried parents goes to court to compel the other to contribute to the child’s life. In these situations, one parent pays for the other’s share of the child’s daily expenses, such as groceries, school materials, and doctor visits, among others.

In Georgia, the court considers the income of both parents, the number of children they have, and other recurring expenses. When circumstances change, for instance, if someone loses their job or if the child suddenly has more needs, the affected party can petition the court for a payment increase or decrease.

Spousal Support

Spousal support, also referred to as Alimony, is another consideration in a divorce where one spouse makes considerably less money than the other spouse. Factors considered in spousal support include the length of the marriage, each spouse’s financial needs, and each spouse’s employment potential.

Sometimes, spousal support is temporary. It gives a lower-earning spouse time to get on their feet. In other cases, support may last longer, especially after long marriages or when someone cannot work because of age or health.

Life changes do happen, so these payments are not set in stone either. Either party can petition for modification from the court if, for instance, circumstances change later on in life.

Rationale for Legal Assistance

Family law can get overwhelming fast. That is where a reasonable attorney steps in. They break things down so you actually get what is happening, help you tackle the paperwork, and stand by you when things get emotional.

Not every family lawyer is for you, however. You need someone with experience handling cases like yours, whether in custody or child support. The right pick in legal representation makes all the difference. Suddenly, the entire experience is a little less painful, and now there is hope for a fair outcome.