Family Law Questions Every Family Should Be Able to Answer

After more than 16 years of helping Georgia families navigate divorce, custody disputes, and difficult transitions, Attorney Tessie D. Edwards has heard certain questions come up time and again. 

Some concern money, others involve children, and many come from people who are afraid of making a decision they'll regret later. 

The problem is that families often start looking for answers only after a dispute has escalated or legal proceedings have begun. 

That's why Attorney Edwards has selected six important family law questions everyone should understand before finding themselves in a courtroom, along with the answers Georgia law provides. 

1. Can My Spouse Take Our Children Away, and How Does Georgia Decide Custody?
   
   

In Georgia, neither parent automatically gets custody because they earn more money, have been the primary caregiver, or filed for divorce first. 

Under Georgia's custody laws, judges consider what's in the child's best interests, including each parent's involvement, the child's stability, daily needs, and any history of family violence. 

Georgia also doesn't automatically require 50/50 custody. Even a child's preference isn't always decisive, although children aged 14 and older have a legal right to select which parent they'd prefer to live with, subject to the court's best-interests determination. 

2. Will Moving Out of Our Family Home or Filing for Divorce First Affect My Rights?

You might think that whoever files for divorce first has the upper hand, or that moving out means giving up your rights to the house. Neither is necessarily true in Georgia. 

Still, these decisions matter. 

Say you move into an apartment while your children stay in the family home with your spouse. When it's time to decide custody, the judge may look at how that arrangement has worked for the children. 

And what if you're worried about who gets to stay in the house or how you'll pay your bills while the divorce is underway? You can ask the court for temporary orders to sort out these issues. 

3. Does My Spouse Automatically Get Half of Everything We Own in a Divorce?
    

Well, not necessarily. 

The law usually aims to divide marital property fairly, but splitting everything straight down the middle isn't always fair by default. 

For instance, say one spouse stepped away from their career for 15 years to raise the kids and support the household while the other built a high-earning business—or say one person ran up massive personal debt right before the split. In situations like that, cutting everything 50/50 doesn't sound particularly fair, right? 

Figuring out the exact percentage gets tricky fast, especially when you're dealing with assets like family businesses, stock options, commingled inheritance, etc. 

Still, a seasoned family law attorneys know how local courts actually weigh these factors and how to fight for a distribution that reflects what you've put into the marriage. 

4. How Are Alimony and Child Support Calculated, and Does 50/50 Custody Eliminate Support?
    

First thing you need to know is that alimony and child support don't work the same way in Georgia. 

Alimony is largely up to a judge's discretion and they look at the big picture: what each of you earns, how long you were married, and the non-financial work put into the home (yes, that includes raising kids or supporting a spouse's career). 

Child support, on the other hand, comes largely down to numbers and Georgia uses state guidelines based on both incomes, child-related costs, as well as a set calculation for how much parenting time each person gets. 

5. What If My Spouse Refuses to Divorce Me or Hides Financial Information?
   
   

Georgia is a no-fault state, so as long as the relationship is broken beyond repair, you can move forward with a divorce even if your spouse flat-out refuses to sign the paperwork. 

And if you suspect they’re hiding money or assets, well….you don't just have to take their word for what’s in the bank, either. Through a legal process called discovery, your lawyer can force them to hand over bank statements, tax returns, and property records. 

In fact, places like Fulton County have specific family court rules that require mandatory financial disclosures right out of the gate (super helpful if your spouse was the one who always managed the household accounts or ran a business). 

6. Can I Change a Custody or Support Order If Our Family's Circumstances Change?
    

Short answer: Yes, but you have to go through the court. 

Georgia law breaks modifications down into three main categories: 

• Custody, which requires showing a major shift in life circumstances that impacts your child's welfare. 
  
  
• Parenting time, which is easier to tweak once every two years as long as it benefits the child. 
  
  
• Child support, which requires proving a significant change in income/finances/child's healthcare and expenses. 
  
  

Just keep in mind that until a judge officially signs off on a modification, the original order is the only thing the law enforces.