Family Law & Bankruptcy
Divorce. Custody. Debt. Transition. The Archibong Firm brings calm, strategy, and protection to the most personal legal matters. Whether restructuring your family or your finances, The Archibong Firm advocates with empathy and effectiveness to position you for a stronger and more successful future.
Divorce
Georgia is an “equitable distribution state,” which means a judge will divide property and assets based on what is “fair,” regardless of who bought the property. “Fair” doesn’t always mean a 50/50 division. It’s generally based on when the property (e.g., wages, land, homes, vehicles, businesses, pensions, and bank accounts) was attained (i.e., before or after the marriage).
Property that is separate from the marriage (i.e., anything either spouse owned before getting married, or that was given solely to one spouse, such as an inheritance or gift) is not divided during a divorce.
Generally, the debts you came into the marriage with belong to you alone after the marriage ends.
Debt acquired during the marriage—even if it was in one spouse’s name—will generally be divided equitably—though the court will consider a variety of factors including, each spouse’s income and ability to pay; purpose of the debt; and how each spouse benefited from it.
5. Alimony isn’t a given in Georgia, and can be temporary or permanent. Georgia courts generally award alimony only if it’s determined to be necessary. Temporary alimony is common in Georgia, and is common in scenarios where one spouse was reliant on the other (e.g., a stay at home spouse.)
6. In most cases, alimony payments generally end when the receiving spouse marries again or becomes financially self-sufficient.
Child Custody & Child Support
Georgia courts generally apply “the best interest of the child” analysis, and when a custody battle ensues, neither parent is automatically awarded custody.
Factors courts consider to determine which parent gets custody:
the child’s age,
the child’s relationship with both parents, and
each parent’s financial circumstances and ability to provide care.
Children over 14 can choose which parent s/he wants to live with, provided that the desired parent can provide sufficient care, and it is in the child’s best interests to live with that parent.
Children over 14 can choose which parent s/he wants to live with, provided that parent can provide sufficient care, and it is in the child’s best interests to live with that parent.
The court may also award joint custody, giving both parents the right to make caregiving decisions, and may require the child has to split her/his time between two households.
In Georgia, parents are generally required to provide for a child until s/he turns 18—or no more than 20 years old if the child remains in high school until then. The parent who doesn’t get custody may be required to pay child support, which is generally calculated based on each parent’s income and ability to pay.
