Family law · Henry County Superior Court
Family cases are decided in Henry County Superior Court, the same building where I have tried criminal cases for twenty years. I know the judges and how they rule.
A family case is the one time most people go to court, and it involves their children and their house. My job is to get you a result you can live with, at a cost that leaves something to live on, and to tell you plainly when a fight is not worth having.
Georgia is a no-fault state: one spouse saying the marriage is irretrievably broken is enough. The court cannot grant the divorce until at least 30 days after the other side is served, and a contested case takes much longer. What gets contested is custody, support, and property, and each one is decided under its own rules below.
If you and your spouse can agree on everything, an uncontested divorce is the fastest and least expensive route. Both of you sign a settlement agreement and, if there are children, a parenting plan and a child support worksheet. I draft the papers, file them, and appear at the short final hearing.
Custody is decided on the best interests of the child. Every custody order in Georgia requires a parenting plan that spells out where the child lives, the visitation schedule, holidays, and who makes decisions about school and medical care. A child who is 14 or older can choose which parent to live with, and the court follows that choice unless it is not in the child's best interest; the court also considers the wishes of children 11 to 13.
Georgia calculates child support with a worksheet that starts from both parents' gross incomes and adjusts for health insurance, child care, and parenting time. The number is more predictable than people expect, and most disputes are about what a parent's income really is. The court can deviate from the worksheet, but only for reasons it writes down.
Georgia divides marital property equitably, which means fairly, not necessarily equally. Property either spouse brought into the marriage or inherited is usually separate. The house, retirement accounts, and debt are where most of the work is, and the first step is a full accounting of what exists.
A family violence protective order can be issued the same day it is requested, without the other side present, and then set for a hearing within 30 days. The order can last a year, be extended to three, or be made permanent. I represent people on either side: those who need protection now, and those who have been put out of their home on an accusation and need to be heard. If there is a related criminal charge, I handle both together.
