T H E A T L A N T A D I V O R C E T E A M

LLC

C L I E N TDIVORCEG U I D E

C L I E N TDIVORCEG U I D E

T H E A T L A N T A D I V O R C E T E A M

LLC

Prepared by

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Welcome & IntroductionThank you for retaining the firm of Meriwether & Tharp, LLC. We appreciate

your confidence in us to help you through this period of your life. We will do our

best to make you feel at ease throughout all stages of our representation.

We wanted you to know from the beginning that we understand your concerns

about the time and costs associated with the divorce process.

It has been our experience that three factors contribute heavily to lengthier

divorces and higher costs:

A lack of understanding of the process

A lack of information about your specific case facts

A failure to have a resolution focus.

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To help, we have developed this manual to address these three concerns.

• Helping You Understand the Divorce Process - This guide should provide you with

a detailed overview of the four core areas of a divorce, what the process ahead looks

like, and tips and tricks to help save you money and time during the process. In addition,

please look to our web site (www.mtlawoffice.com) for additional information. It has

over a thousand pages of content and was specifically designed to help our clients better

understand the road ahead. We encourage you to take advantage of these resources.

• Gathering Information Related to Your Case - Once you have a better understanding

of the process, it is critical to gather the information and documents needed to resolve

your case as quickly as possible. One of the top reasons a case does not settle quickly

is one or both parties just don’t have enough information to feel comfortable coming to

a deal. The quicker you and your spouse recognize that information is needed and do

something about it, the quicker that information can be analyzed and possible ideas for

resolution can be determined.

• Maintaining a Resolution Focus - Finally, while we understand everyone has

various emotions pulling at them with a divorce, we encourage you to think about your

divorce in terms that it presents a series of problems to solve. Remember, in the vast

majority of cases the parties ultimately come to an agreement as to how to resolve

their problems. Obviously, the quicker you and your spouse can come to agreement,

the faster the process and the lower your legal costs. This starts with you adopting an

amicable, resolution focused approach when dealing with your case and your spouse so

think carefully before getting into heated arguments.

Again, thank you for choosing Meriwether & Tharp, LLC. We hope this manual will help you

save money and more cost effectively use our services. We look forward to helping you

achieve your goals.

Sincerely,

MERIWETHER & THARP, LLC

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Office Rules• Office Hours - Our office hours are officially Mon – Fri from 9 AM – 6 PM. That said,

often there are attorneys at our office before 8 AM and almost always till at least 7 PM.

• Telephone Calls – Unfortunately, due to court appearances, mediations and other

commitments, your attorney may not always be available. While you are free to leave

messages for your attorney, in most cases it is best to talk to the paralegal assigned

to your case. They are often easier to reach and you can talk to them directly about

your problem at a much lower rate. That said, please understand that paralegals are not

attorneys and cannot give you legal advice.

• Appointments –The best way to talk with your lawyer is by scheduling an

appointment. Anyone at our office can schedule an appointment for anyone else. If

you have an appointment that you cannot keep, please try to give us at least a 24 hours

notice.

• Emails – When you email us, please be sure to copy your entire team when you send

or reply to emails. This allows us all to stay up-to-date on your case and answer your

questions in the event one particular team member is unavailable or out of the office.

You will not be double billed for sending one email to everyone on the team.

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• Communication - You will receive many of the documents prepared or received by

our office via email. Please take the time to read all our emails slowly and carefully. We

use email for a multitude of reasons, including:

A. Sending drafted documents to you for your review, input, and approval; B. Forward you copies of documents that have been filed with the Court; C. Keeping you updated on the status of your case; D. Providing important information to help you make critical decisions along the way; E. Providing you with information that can save you money and attorney’s fees; and

F. Preparing you for upcoming matters.

So, please be sure to check your email regularly so you do not miss any important

emails. Remember that your cooperation is instrumental to the success of your case.

• Private Communications - Be sure that your spouse does not have access to

your email account by changing your password as soon as possible.

• Friends and Family - While it is nice to have friends and family to help you

through this process, please be aware if you bring someone else to any of our meetings

or consultations, the attorney-client privilege can be considered waived and any

discussions that you have with your attorney while the 3rd party is present can be

discoverable and used at trial.

• Avoiding Costs – Please be sure to read the section in our guide regarding how to

save money on your divorce. The advice in this section alone can save you thousands of

dollars during a contested case.

• Your Relationship with Our Office - In the relationship with our office, we

expect you to be cooperative, honest and forthcoming. Without a complete picture of

your case, we may provide you with the wrong advice and strategies.

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Office Rules

• Contact Information - Its common during a divorce that your contact information

may change. As a reminder, please notify our staff if you change any of your contact

information, including your phone number, email or physical address.

• Update Us - Please be sure to keep us updated through the course of your case.

Also, let us know if there has been a change to any information that you had already

given us. The most common example of a change is an increase or decrease in income.

If a new event comes up that could impact an issue in your case, call or email us. By

way of example, if you are seeking primary custody of your children because your

spouse has an alcohol problem and you find out that your spouse gets a DUI, we need

to know. Likewise, if something happens that could look bad on you, we need to know.

We can deal with bad facts, but we cannot deal with something that we do not know.

We do not need to know if you received a minor traffic ticket or if you burned last

night’s dinner. But, if custody is contested, we need to know if you called your spouse

a jerk in front of the kids and other witnesses at an extra-curricular event.

• Costs - Because the costs to run a divorce law firm are high, we wanted you to know

that we expect you to meet your financial commitments in a timely manner. Although

we strongly prefer not to, we will withdraw from your representation if financial

obligations are not being met in a timely manner. If you have concerns about paying

your bill, please be proactive and reach out to our billing department as soon as possible.

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OverviewWhat Issues Need to be Resolved in My Divorce?

Divorces range anywhere from relatively inexpensive uncontested matters where both

spouses agree to all terms of the end of their marriage, to hotly contested and hostile

situations that can take years to resolve. The majority of divorce cases fall somewhere

in the middle of the spectrum. Four main issues must either be agreed on by the parties

or determined by a judge or jury before the court can grant a vinculo matrimonii, or final

divorce. These issues are:

Alimony: In certain situations, one spouse is required

to make financial provisions for the support of the other

spouse on either a temporary or permanent basis. To

establish whether alimony is appropriate and what the

amount of alimony will be, several factors are considered,

including the length of the marriage, the income and

resources of the parties, and contributions each spouse

has made to the marriage, including parenting and

home-making.

Equitable Division (Asset and Debt Division):

Assets and debts considered to be “marital” in nature

must be divided between the parties pursuant to the

principle of “equitable division.” Equitable division does

not mean that the spouses each automatically receive

50 percent of the marital assets and are responsible for

50 percent of the marital debt. Instead, a determination

must be made as to what is fair and appropriate under

the circumstances.

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Child Custody: A divorce unfortunately means that

if the parties have children, they will no longer be able

to live with both parents. There must be a decision as

to whether the parents will share joint physical custody

or joint legal custody, or whether one parent is instead

better suited to be sole physical custodian or sole legal

custodian, and the terms of the other parent’s visitation

with the child.

Child Support: If there are children born of the

marriage, provisions must be made to financially support

these children. The amount of child support due, and the

party who must pay it, is determined by considering how

the child’s time is split between the parents, the parents’

income and other financial factors that are entered into

the child support worksheet.

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How Does the Divorce Process Work?The steps you need to take to get divorced are almost entirely dependent on whether you

and your spouse are able to agree about ending your marriage. If you both work together

and sign a written agreement deciding all issues in your divorce, the agreement can be

submitted to the court and is often either quickly approved or modified as necessary by

the judge, who then grants your divorce. Sometimes the judge will require you to appear in

court before finalizing the divorce. If you and your spouse are unable to agree on all issues

involved in your marriage, the divorce will proceed as all lawsuits do. The procedure for a

contested divorce, and the main documents involved in the process, are explained below.

Complaint for Divorce

One party must file a Complaint for

Divorce with the court to formally start

the divorce process. The Complaint

for Divorce is a formal legal document

that explains to the court that you are

seeking a divorce, and that lays out your

requests as to alimony, asset and debt

division, child custody and child support.

Once the Complaint for Divorce has

been filed, the spouse who filed it must

ensure that their spouse receives formal

notice that the divorce process has been started. This formal notice is referred to as service,

and it commonly involves a sheriff’s deputy or other approved individual delivering a copy

of the Complaint for Divorce directly to the other spouse.

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Discovery

Once the non-filing spouse files his/her

Answer, the discovery phase of the divorce

process begins. During this 6 month period,

each spouse is allowed to investigate all

issues related to the divorce. They can do

so by asking their spouse and third parties

for information related to the marriage

and divorce, such as their spouse’s financial

information, any witnesses their spouse

expects to testify during trial and whether

their spouse engaged in adultery during the marriage. There are several different devices

that can be used to discover this information, including written requests and depositions

where one spouse has the right to orally question a person about their knowledge. If a

spouse does not receive adequate responses to their discovery requests, then he/she can

ask the court to order a response and apply harsh sanctions, such as imprisonment, until

the information is provided.

Parenting Seminar

If you and your spouse have minor

children together, you will be required

by the court to take a parenting seminar

toward the beginning of the divorce

process. The parenting seminar is a

one-day course conducted by each

county that educates parents about

the effects of divorce on children.

The parenting seminar covers various

topics including conflict resolution,

visitation recommendations, and the

changing needs of your children as they grow and develop.

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Domestic Relations Financial Affidavit and Child Support Worksheet

Before courts will grant parents a divorce,

they require both spouses to file a domestic

relations financial affidavit (sometimes called a

DRFA, pronounced “dur-fa”) and a child support

worksheet. The domestic relations financial

affidavit is just what it sounds like: a sworn

statement listing your assets, debts, income

and expenses. A child support worksheet

is a form that automatically generates the

presumptive amount of child support due to the custodial parent once each parent’s income

and other factors are entered. Courts require these documents to be filed so they can make

an informed decision as to the amount of child support.

Temporary Hearings

Temporary hearings can be requested at any

time during the divorce process. Their purpose

is to seek guidance from the judge on how to

handle certain matters before the divorce is

finalized. If the spouses cannot agree on which

parent will have custody of the children while

the divorce is ongoing, or if one spouse is in

desperate need of financial support from the

other during the process, a temporary hearing

is held so the judge can determine how to

handle the matter. The judge then issues an order governing the matter on a temporary

basis. The temporary order only remains in effect until another temporary order is issued

on the subject, or until the final decree of divorce is filed.

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Mediation

Mediation can occur at any point before the final

trial in the divorce process, and in many cases

the judge will order the parties to try to mediate

their differences. Mediation is a process where

the parties are assisted by a third-party neutral,

known as a mediator, in crafting an agreement on

some or all of the issues involved in the divorce.

A mediator does not have the same power as a

judge to make a final decision on matters, but

instead works with the spouses to bring them to agreement by offering an opinion of what

a judge will do and by pointing out the flaws with each spouse’s arguments. The mediator

may also suggestive creative ways to compromise on issues. Coming to an agreement in

mediation is the only way that the parties can be assured that they have a say in the end

result of the divorce.

Trial

If both spouses cannot come to an agreement

through negotiations or mediation on how to

resolve their differences, the divorce case will

be scheduled for trial. During the trial, both

spouses present evidence to the court concerning

the reasons for the divorce and how they think

determinations on alimony, asset and debt

division, child custody and child support should

be made. This evidence is presented through the

testimony of witnesses and the introduction of documents. The judge then considers the

evidence, decides the issues and signs a final decree of divorce which sets out in written

form how the disputes are resolved and officially terminates the marital relationship.

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How to Save Money on your DivorceAlthough some costs associated with obtaining a divorce in Georgia are unavoidable, there

are some actions that individuals going through the divorce process can take in order to

control or even reduce the cost of their divorce. Below a list of tips and suggestions that

may help you lower the cost of your Georgia divorce.

Our list is organized into three categories:

Communication with your Lawyer

1. Use Your Time with Your Attorney Wisely - As soon as your attorney begins

work on your case, he or she will record the time spent on your case in six minute intervals,

and charge you accordingly. For example, if your attorney charges $200 per hour, and you

have a two minute conversation with your lawyer, that is one six minute increment, or $20

in fees. To avoid the accumulation of unnecessary fees, plan ahead before meeting with or

speaking with your attorney. In particular, we have found that two habits people take that

can dramatically lower their cost over time:

Keep a Notepad – use a notepad for various questions that you

have and then ask them on one conversation rather than calling

your lawyer every time you have something on your mind. Keep

in mind that three two minute conversations could equal $60 in

legal fees, but one six minute conversation equals only $20 in

legal fees.

Use Paralegal or Associate Attorney Whenever Possible –

These individuals can answer most of your questions and for a

dramatically lower cost than your primary attorney. This holds

true even when you want to ask the primary attorney on your

case for something because they can often get the answers you

need quicker than going directly to your attorney.

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2. Be Prepared - Come to meetings with your

attorney prepared. If you are prepared and organized

for a meeting, it will take less time and it will also direct

your attorney’s attention to the issues that you would like

specifically addressed. Additionally, being prepared for

all meetings with your attorney will allow you to resolve

more items at the meeting. Try taking a few minutes prior

to each attorney meeting to write an agenda of what you

want to discuss.

3. Focus on the Issues - Listen to your lawyer and focus on

the legal issues of your case. All too often, divorce costs are driven

up by emotional issues that do not relate to the real legal issues of

the case. Commonly, those going through divorce spend hundreds

and even thousands of dollars, unnecessarily, arguing over items like

couches, chairs, and other replaceable items that are far less valuable

than the attorney’s fees used to obtain them. Remember, these items

are replaceable. Always ask yourself: “Do I really want this item, or am

I simply asking for it because it will hurt my spouse?” Use the divorce process to “get

out” not to “get even,” because “getting even” is often not worth the extra expense.

4. Always Remember - Time is Money - As Abraham Lincoln once explained,

“a lawyer’s time and advice are his stock in trade.” In other words, lawyers bill for their

time. The more time your lawyer invests in your case, the higher your legal fees will be.

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5. Do Not Use Your Attorney to Negotiate a Division of Personal Items

Arguing about which party deserves the 42” television or the rice

cooker is not a good use of attorney’s fees. If at all possible, you should

try to resolve these issues with your spouse without the intervention of

your attorney. Ideally, if you and your spouse have already separated,

you could divide these items by agreement and exchange them before

the case has been completed. When it is time to finalize the divorce,

your settlement agreement or Final Order and Decree would simply

state that each party retains any and all personal effects currently in

that party’s possession.

6. Your Divorce Lawyer is Not Your Therapist

Divorces are extremely emotional. Because your divorce

attorney is in your corner, talking to him or her may be a

very reassuring and therapeutic experience. Your attorney

understands your side of the situation, and it feels good to

talk to someone who sees the righteousness of your position.

Because it makes you feel better, you may get into the habit of calling often, almost daily.

DO NOT FALL INTO THIS TRAP. Remember, every time you call your lawyer the clock is

ticking, and you are getting billed by the hour. As soon as your attorney picks up the phone

to receive your telephone call, the meter begins running, and you are being charged.

Practice Pointer - How Much Should I Communicate?

The above tips do not mean you should never communicate with your

lawyer. On the contrary, you should communicate with your attorney

anytime you need legal advice on your case. But before you pick up

the phone, make a list of questions or issues you want to discuss and

limit your conversation to these points without wasting time ranting

about the unfairness of the situation or the illogical nature of your

soon to be ex-spouse.

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Providing Documents & Gathering Information

1. Clarify Anything Being Requested That You Do Not Understand -

during your case you may be asked to provide documents, answer interrogatory

questions or complete other court related forms. In completing these tasks, it is

important that you understand what information is being requested and to follow

your lawyer’s instructions in completing any forms.

2. Do Not Hold Back Information - Assume that any information requested

is necessary unless you are informed otherwise by your lawyer. If you provide

disorganized or incomplete information, your attorney may spend a number of

hours sorting through paperwork which will result in additional costs to you.

3. Provide Organized Responses - Providing your attorney with complete

organized responses to any requests will not only save your attorney time, but it

will also save you money.

4. Timely Provide Requested Information – To avoid legal fees incurred

when our staff need information from you, please attempt to provide all information

requested by the agreed upon date. Since you are charged for the time spent on

your file, please note that time spent following up on document requests is could

better be used preparing your case.

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5. E-Mail May Prove to be Your Best Friend - Although e-mail may seem like

an inefficient and often slow means of communication, use e-mail for correspondence with

your attorney instead of calling if at all possible.

6. Copies - Make copies of the documents you want to

avoid copying costs.

7. Join our Legal Team - Any work that you do on your case will save you money.

Gather documents from third parties (like banks, police reports, school and medical

records) directly rather than being charged attorney’s fees with us requested information

that you are entitled to receive. Also note that many third parties charge us to turn over

information but they will turn over that information to you without a charge since you are

their customer.

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Cost Saving Actions & Choices

1. Follow The Plan - Follow “The Plan” -

If you and your attorney have agreed on a course of action,

plan, or theory of the case, do not change direction, take any

unilateral action, or simply fail to follow through without first

discussing your change of heart with your attorney. If you do

decide that it is necessary to change your litigation approach,

immediately communicate your decision with your attorney

and discuss how this change may be implemented. If you leave

your attorney out of the loop, miscommunication is bound to

occur which could ultimately result in your attorney taking

unnecessary and costly steps.

2. Be Responsive - Always read any

correspondence that is sent to you by

your attorney and respond if necessary.

Typically, attorneys forward copies of

court notices, legal documents and other

case related communication to their

clients for their review and approval before

taking action. If you fail to respond to your

attorney in a timely manner, this could

cause delay in your case. Additionally,

you could incur additional legal fees generated by your attorney having to track you down

to follow up on correspondence sent. Simply by being organized and remaining actively

involved in your case could significantly reduce your legal fees. Although you may not

understand every document you receive from your attorney, it is very important to review

each piece of information and to contact your lawyer with any questions.

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3. Maintain a Resolution Focus - If you

are seeking to save money during your divorce

process, your goal should be to reach a reasonable

settlement as quickly as possible.

4. Cheating Does Not Pay - Many

contemplating divorce rue the prospect of

having to share their assets with their spouse.

However, attempting to hide assets from your

spouse will only delay the proceeding and will

likely result in higher legal fees and possibly

even court imposed sanctions. DO NOT DO IT.

Be honest and forthcoming with the court and

your attorney. Your attorney cannot adequately

represent you without all the facts.

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Critical Advice for Our Clients1. Change Your Passwords –

We strongly recommend that you change

passwords to any accounts that your spouse may

have access to. This includes any email accounts,

phone accounts, Facebook, Twitter, Instagram,

Pinterest, LinkedIn, or other social media

accounts. Change passwords to personal banking

accounts, such as online bank accounts and credit

card accounts. DO NOT change passwords to any

joint accounts or otherwise restrict your spouse

access to any joint accounts unless otherwise specifically advised.

2. Journal - You may want to consider keeping

a journal to document events that may be important

or relevant to your case. It is easy to forget events and

conversations even if you think you will remember

them. If you keep a journal, designate that it is for

your attorney. That allows it to become protected by

attorney/client privilege.

3. Communications with the Opposing Party

- Be aware of how you communicate with the opposing

party through email or text messages. Assume that

anything you write will be seen by the opposing party’s

counsel, your counsel and the Judge. You do not want

the judge reading messages of you calling the other party

names or otherwise disparaging the other party through

email or text.

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4. Recordings - Assume all discussions with your spouse are being recorded.

5. Alcohol and Drugs — Do not use or abuse alcohol, drugs or

prescription medicine during the course of your divorce. The court can

order you to take a drug test at any point during your divorce, especially

if your case involves child custody.

6. Dating — Even though you are getting a

divorce, you are still married until a judge signs the

final decree of divorce, so do not date. If you are

divorced, then moving in with your new partner can

also cause problems down the line. Tell your attorney

if you are dating as it will hurt your case if the other

side catches your attorney by surprise with the news.

7. Dating with Kids — If you are dating, the

best thing for your kids is to avoid letting them interact with your new companion. More

importantly, do not let your new companion spend the night when your child is at your

home. If your spouse or ex finds out, they will use it against you, and it is not in the best

interest of your child to have a new adult in their life so close to your separation.

8. Seeing Your Soon-To-Be Ex — You cannot file for divorce if you are still having

“marital relations” and if you slip back into bed with your spouse, you may destroy the

grounds for divorce. You verified in the legal pleadings that after the date of separation

you have not been together, and if you get back together the judge can deny your divorce.

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9. Telephone, E-mails and Texts — Calls, e-mails

and texts can and will be used against you in your

divorce. Even though they are tools for communication,

the phone and computer can destroy communication

between you and your spouse. Angry calls, screaming

matches, and hang-ups mid-sentence can increase the

tension and antagonism in your relationship, and make

your divorce even more difficult. The best thing to do is

end the conversation if it gets heated or ignore e-mails

and texts. If you invest time in the conversation, then

you are making the choice to put up with bad behavior. When you are getting upset, stop

yourself before you send a nasty e-mail or start screaming at your spouse. If you need to

vent, find a friend.

10. Facebook and other Social Media — Be aware of

what you post on social media! Remember that anything you

post could be used against you. Facebook is not your friend. Your

spouse will use any photos published on Facebook, comments

you make, or comments on your page against you. Don’t use any

social media sites to vent your frustration, or post photographs

of yourself you don’t want your children or a judge to see. Your

friends may be supportive of your divorce, but don’t air your

dirty laundry on the web.

11. Privacy Settings for Social Media – While on the topic

of social media, please consider changing your privacy settings to

minimize what is seen by the public and to prevent friends from

tagging you in photos or “checking you in” at establishments. What

may be an innocent photo of you having a beer could be used by the

other party to suggest you are an alcoholic.

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12. Domestic Violence —

Domestic violence is far more common than anyone would like to believe, with approximately

3 to 4 million incidents occurring each year, and almost half of the serious assaults occur

after separation or divorce. If there is domestic violence in your case, be sure to tell your

attorney so that he can do the best to prevent this in the future and protect you in any way

possible including filing a protective order with the court. Although the order is just a piece

of paper, in many situations it is enough to keep an abusive spouse away. If your spouse does

not obey the order and tries to approach you, you can have him or her arrested by showing

the police the order. If you need to go to a “safe house” to protect yourself and your children

from violence, tell your attorney so that he can prevent your spouse from accusing you of

kidnapping the children. If you have engaged in violence against your spouse or children

during the marriage, this is also something that your attorney needs to know to be fully

prepared. Your spouse will likely bring it up, and your attorney should not be surprised in

court. Domestic violence occurs when parents hit children, children hit parents, and when

women hit men. Do not be ashamed or afraid to admit that your wife or child has harmed

you. Remember that no one deserves to live in fear or in pain, no matter what.

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13. Children —

Your divorce is just as hard, or harder, on your children than it is on you. Do your best to

ease your child’s burden by not disparaging your spouse or the situation in front of them.

Make a special effort to spend time with your children: Give them your full attention and

reassure them of both of you and your spouse’s love for them. Tell them that you and your

spouse have decided that it is better to live apart, and that they are not losing either parent.

In most counties you must attend a seminar on divorcing parents, but you should also think

about getting professional help or counseling for the family. We can recommend people

who can help you and your children through this difficult time. If you are looking for books

that address your situation, we recommend: “The Dinosaurs Divorce” by Laurence Krasny

Brown and Marc Brown as well as “Two Homes” by Claire Masurel for younger children;

“The Boys and Girls Book about Divorce” for school-age children and “Divorce Is Not the

End of the World: Zoe’s and Evan’s Coping Guide for Kids” by Zoe and Evan Stern; and “It’s

Not the End of the World” by Judy Blume for teens and tweens.

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14. Using Your Children in the Divorce —

Divorce proceedings can be very emotional, and

many people feel the urge to use their children for

revenge against the spouse. Discuss your issues

about property division and support with your

spouse directly, and away from the children. You

are the parent--your child is not your friend, not

your therapist, and not your messenger. If your

child is talking badly about your ex, listen and be

non-reactive. Find a way to voice your concerns in

an adult manner to your ex, and realize that the comments are coming from a child.

15. Communicating with your Co-Parent —

It is best for your children for you to cooperate with

your ex. When you are determining child custody,

think about what is going to be in the best interests

of your children now (considering their age) and their

future relationship with both parents. It is extremely

important that there is some consistency in your child’s

life, and even if you hate your ex, realize that children

need to make a connection with both of their parents.

Also, think about what is practical for you and your ex in terms of exchanging custody. If you

cannot discuss your schedule or visitation with your spouse in a respectful way, websites

like these will help you create online calendars and listing of shared expenses for your

children: ourfamilywizard.com; parentingtime.net; jointparents.com; sharedgroundonline.

com. These sites charge for their services but may provide a neutral way to coordinate

schedules online.

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16. Parental Kidnapping — If you are

unhappy with your visitation or custody schedule,

do not take the law into your own hands and

violate a court order. The police will catch you

and prosecute you as a criminal. The punishment

for parental kidnapping can be the temporary

loss of custody or visitation rights, court ordered

supervision of custody, or even jail. Your attorney

can file a modification of custody or work with your

spouse to alter the agreement—there is no need to kidnap your own kids.

17. Debts and Marital Assets — If you have

money, don’t hide it. Any documents that you have

access to your spouse can also access in a divorce.

When you hide assets, your spouse usually finds

them, and hiding assets reflects negatively on you.

If the judge hears that you are lying about your

assets they have a hard time believing you about

anything else.

18. Credit — A creditor can sue you if you have any joint debt, and you are liable for the

entire amount. If it is at all possible, refinance your debts or remove your name from any

debts or lines of credit as part of the divorce process. Notify any creditors by a certified,

return receipt letter that you are not responsible.

19. Access to Funds — If you make more money

and leave your spouse without anything, you are going

to anger the judge and hurt your case. Make sure both

parties have access to funds in their case.

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20. Standing Orders/Closing Accounts/Transferring Money – Most counties have local standing

orders that prevent both parties from taking any actions

with your finances outside of the course of normal activities.

If you feel that you need to take these type of actions discuss

it with your attorneys as soon as possible in order for you to

seek appropriate court relief to legally take these actions

without risking a contempt action and possible jail time.

21. Jobs and Alimony— Courts are reluctant

to order alimony in a marriage fewer than five years,

and even if your marriage was of a long duration, the

court will only order it for a certain number of years.

If you have been out of the workforce during your

marriage, think about getting a job. Your ultimate

goal at the end of your divorce is independence, and

a job will give you financial freedom and give you a

sense of importance and self-respect. It is going to

be more expensive to live in two households after

your divorce, so think about how to cope with these increased costs. If you cannot get a job,

think about how to budget for expenses that you cannot share with your ex.

22. Medical Insurance — If your policy covers your spouse or children, don’t drop

them until after the divorce is final.

23. Marital Home — Moving out of the marital home does

not mean that you are abandoning your family or giving up your

ability to ask for the home in the divorce--your home is a marital

asset if purchased during the marriage or with marital funds and

should be divided during your divorce. Think about who will live

in the home after the divorce and how the mortgage and utilities

will be paid. If you consent to have one spouse get the home, you will need to make sure

that both names are not on the mortgage, which may include re-financing the home.

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24. Utilities - If you pay the bills but do not live in the home, don’t

cut off the utilities or services to your home without giving your spouse

notice. Cutting off the heat in December without telling your spouse will

not get the judge on your side.

25. Snooping — Georgia law prevents you from listening in on

or recording any telephone conversation that you are not involved in

without providing notice to the other party. If you record a conversation

between your spouse or ex and another person you cannot use the tape in

any proceeding. If you record a conversation between yourself and your

spouse, then that tape may be admissible, but remember that your spouse

can also tape any conversations between the two of you and use that tape

against you. Federal law also makes it illegal to pay or ask another person

to tape conversations for you. If you are trying to photograph your spouse

and both parties live in Georgia, you can only do so in a public place. Recently a divorcing

wife sued her husband for reading her e-mails, so don’t go through your spouse’s inbox.

Moreover, there are Federal laws that arguably make such conduct a crime. Everyone has

a reasonable expectation of privacy, and violating someone else’s privacy can get you in a

lot of trouble.

26. Worry and Depression — However impossible it is not to worry about your

divorce, worry is a wasted emotion. Instead of worrying about your problems, take the

initiative to see what you can do to solve them. Feeling insecure or depressed is normal

when you are going through a divorce. Think about talking to a counselor or joining a

support group for people going through a divorce.

27. Signing Documents — Don’t sign anything

related directly or indirectly to your divorce without your

attorney’s approval.

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28. Your Family and Friends — Although

your family and friends mean well (and even if they

have gone through their own divorce), they are not

your attorney and any advice they give you should be

regarded with caution. They may not know all of the

facts about your marriage and the legal ramifications

of your actions. Each divorce is unique and the only

thing that your cases might have in common is a

break-up. Thank your friends for their support, but go to your attorney for legal advice.

29. Witnesses — Make sure that our office has the

name, address, phone and e-mail of everyone who you

think can help your case and tell us what they know

(both good and bad). We may need them to testify about

matters related to child custody or another issue in the

divorce and we don’t want to be surprised.

30. Changes — If you and your ex agree to make

changes to your child support or any court order,

you must get another order to make it enforceable.

It must be in writing, filed in court, and signed by a

judge. Don’t agree to anything verbally, because

the court will hold you to the last order entered

by the court, no matter what. There are certain

types of child support and alimony that you need

to petition the court to alter if there is a change in

circumstances. The court is most sympathetic to unexpected changes like the involuntary

loss of employment. However, choosing not to work or arguing that your children are more

expensive as teenagers is less persuasive. Your attorney can decide how to state your claim

and change of circumstances if you need to petition the court for a modification.

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31. Contempt — It can be difficult to get your spouse

or ex to comply with court orders. We recommend that

you try to resolve small differences yourself, but your

attorney will need to address bigger problems. If your ex

is not paying child support, we can try to force them to pay

by filing a motion for contempt. Contempt charges can

lead to jail time if your spouse is intentionally refusing to

pay. Another option is an income deduction order that

takes the support directly out of your ex’s pay. Catching up on back child support gets more

and more difficult the further your ex gets behind, so make sure to take steps as early as

possible to avoid the situation getting out of control.

32. Wills — Divorce or subsequent marriage

after you have created a will may automatically

revoke portions of your will. You should have your

attorney review your will or help you draft one

after your divorce is final. If you have given your

spouse a power of attorney, make sure to revoke it

as soon as possible because until you do he or she

has the ability to sell or give away your property.

Outcome – Being divorced does not mean that you

will never have to speak to your ex again. Your divorce

will not make your ex a different person so you need

to find a way to deal with them. You need to get to

a place where you can peacefully exchange custody,

co-parent, and attend family events for the benefit of

your children. Holding on to negativity and anger will

also prevent you from moving on with your life.

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Frequently Asked QuestionsProcedural Divorce FAQs

1. How long will it take for my divorce to be finalized?

There is no hard and fast rule for the length of time needed to finalize a divorce. Several

factors will come into play to determine the period of time, including the number of issues

you and your spouse agree to resolve without the assistance of the court, and the number

of cases pending in the county where your divorce has been filed.

If you and your spouse are able to reach an agreement on all divorce issues, the court will

likely grant your divorce relatively quickly, and under certain circumstances you may not

even need to appear before the court. Keep in mind that even if you and your spouse reach

an agreement, the court still needs to approve the agreement in a written order before

your divorce becomes final.

If you and your spouse cannot agree on all divorce issues, the court will need to conduct a

final trial before issuing a signed written order that resolves all matters. Many of the metro-

Atlanta county courts are extremely busy and unfortunately have a backlog of cases. When

judges do have time to hear trials in divorce matters, they generally give priority to the

oldest cases over those that were filed more recently. This can lead to months or even years

passing before the parties receive a final trial date.

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2. How much will it cost for your law firm to represent me in my divorce?

It varies. The cost of representation in your divorce action will depend on a variety of

things, including your divorce strategy and your spouse’s divorce strategy. If you and your

attorney decide that you want to hotly contest issues related to your divorce, this inevitably

means that you will need to incur substantial costs to assert your position. Likewise, if your

spouse decides to fight for certain positions, your attorney will need to ensure that you are

properly countering any steps your spouse may take. Keep in mind also that your attorney

and the staff assigned to your case will need to bill you for the time they spend speaking

to you, speaking to your spouse or your spouse’s attorney and completing normal case-

related tasks.

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3. What reasons are there to file for divorce?

Georgia law, specifically Georgia Code Section 19-5-3, provides thirteen different grounds

that a marriage may be ended:

A. Marriage by two people who are too closely related to be married

B. Mental incapacity at the time of the marriage;

C. Impotency at the time of marriage;

D. Force, menace, duress, or fraud in obtaining the marriage;

E. Pregnancy of the wife by a man other than the husband, at the time of the

marriage, unknown by the husband;

F. Adultery;

G. Willful and continued desertion by either of the parties for the term

of one year;

H. The conviction of either party for certain offenses which resulted in

imprisonment for two years or longer;

I. Habitual intoxication;

J. Cruel treatment;

K. Incurable mental illness; habitual drug addiction;

L. The marriage is irretrievably broken.

If the divorce is granted based on one of the first twelve grounds, it is considered a “fault”

divorce. However, if a divorce is irretrievably broken, meaning at least one of the parties

just do not want to be married any longer based on no fault of either party, it is considered

a “no fault” divorce.

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4. If I have committed adultery or my spouse has committed adultery, how will that impact my divorce?

If one spouse can prove that adultery was committed

by the other spouse, it can impact many aspects of

a divorce proceeding, including alimony, equitable

division and child custody. If adultery was the cause

of the divorce, the adulterous spouse is barred from

receiving alimony. Adultery can also decrease the

portion of the marital estate that the adulterous

spouse receives as his/her equitable distribution

because it shows that spouse’s bad acts. Further,

if one spouse committed adultery in the presence of his/her children and brings his/her

paramour around the children, the adulterous parent could lose a custody battle.

5. Are there any residency requirements for me to be able to file for divorce in Georgia?

If you want to file for divorce in Georgia, you need to establish residence

in the state for a period of at least six months.1 The court can grant you

a divorce if your spouse is not also a resident of Georgia, but it may be

unable to control what happens with child support, alimony and property

located outside Georgia unless your spouse agrees that the court may

address those issues.

6. What is an uncontested divorce?

An uncontested divorce is one where the spouses are able to come to an agreement on all

issues, including asset and debt distribution, child custody, child support and alimony, and

they submit a signed settlement agreement at the time the complaint for divorce is filed.

1 There are certain exceptions to this rule, including for military personnel.

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7. When is a divorce considered contested?

A contested divorce is one where the spouses are unable to agree on all issues related to

the divorce at the point that the complaint for divorce is filed. Even if there is just one small

issue remaining that the spouses cannot resolve, the divorce is considered contested.

8. Can I live with my spouse while the divorce is proceeding forward?

Yes. There is no requirement that the spouses must live in separate locations while the

divorce is going forward. The court will consider that the spouses are “legally separated”

so long as they are no longer engaged in a marital relationship. One very important thing to

remember is that once the complaint for divorce is filed, the spouses may no longer engage

in a sexual relationship. If they do, the likely result will be a dismissal of the divorce by the

court.

9. How do I begin the formal divorce process with the court?

A divorce action formally begins when one spouse files a complaint for divorce in the

appropriate court. The other spouse must then receive formal notice of the divorce filing

via hand delivery from a person who is approved by the court, or some other approved

method of service.

10. Where in Georgia should I file for divorce?

Georgia’s laws provide that if your spouse is a resident of Georgia, you must file for divorce

in the county where your spouse resides. If your spouse is not a resident of Georgia, then

the divorce must be filed in the county where you reside. However, if you and your spouse

lived together in a county of Georgia during your marriage, your spouse has moved out of

the county within six months of your divorce filing, and you still live in the same county, the

divorce may be filed in that same county. If you have options for where to file the divorce,

there may be a strategic reason in makes sense to file in one county as opposed to another.

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11. What should I do if my spouse files for divorce and I am served with the complaint for divorce?

First, don’t panic. Once you are served with a complaint for divorce that was filed in Georgia,

you will need to file an answer within thirty days to answer your spouse’s allegations, assert

any defenses to any claims of fault by your spouse and also to allege any counterclaims. Also,

carefully review the documents that you have received to see if any additional deadlines

have been set or hearings have been scheduled.

12. Why does my lawyer need to know if I have a social networking account?

It is best to assume that anything you post online will be seen by your spouse and his/her

attorney. If possible, this information could be used against you in your case. For example, if

you are going through a divorce and are attempting to gain custody of your children, photos

of you habitually drinking could be used against you to show that you are an unfit parent.

If you are claiming you have no money to pay child support, photos of you with expensive

cars, clothes, or jewelry, or on luxury vacations, will likely hinder your success in your case.

13. Do I have to go to court to finalize my divorce?

If your divorce is contested, you will need to go to court for a final trial. You may also

need to appear at court for regular status conferences before the final trial so the court

can address the current status of the divorce action and issues that have come up. If your

divorce is uncontested, you may be able to avoid a final hearing depending on the county

in which your divorce is filed, the judge assigned to your case, and whether you and your

spouse have children.

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14. Can I get my spouse to pay for the attorney’s fees I incurred in our divorce?

The court may award you attorney’s fees in your divorce under Georgia Code Section 19-6-

2. This Code Section allows the court to look to the facts of the case and base the decision

on one factor – the financial circumstances of both parties. There are also other statutes

under which you can request that your attorney’s fees be paid by your spouse. However,

there is no guarantee that a court will award attorney’s fees.

15. Is mediation in my divorce case a good idea?

Mediation can be beneficial in a divorce case for

several reasons. At mediation, parties can get

things through negotiation that they would not

be able to get from a Judge at trial. Spouses are

usually happier with the results at mediation

as compared to trial because they have some

control over the outcome. At mediation, you

exchange offers with the opposing party and

come up with unique solutions that a court may

not consider or be allowed to consider. Even

if you are unable to resolve all issues at mediation, it can be beneficial to narrow down

the issues. For example, you could resolve custody and visitation issues at mediation and

reserve all financial issues for trial if you cannot come to an agreement.

16. Can I record telephone calls I have with my spouse?

If you are in Georgia and your spouse is in Georgia, you can record telephone conversations

without your spouse’s consent so long as you are a party to the conversation. If either you

or your spouse is outside of Georgia, your ability to legally record a telephone conversation

you have with him/her will depend on the laws of the state or country where your spouse is

located, including federal wiretapping laws. In short, we recommend not recording out-of-

state calls. Keep in mind that you cannot legally record a telephone conversation between

your spouse and another person because you are not a party to that conversation.

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Asset and Debt Division

1. How is our property divided in a divorce?

The court applies a principle called equitable division when it divides

up the property of the spouses. Keep in mind that equitable does not

necessarily mean equal, particularly in cases of a “fault” divorce, where

one spouse is found to have caused the divorce. The first determination

that must be made is whether certain property is the separate property

of one of the spouses, whether it is property of the marital relationship,

or whether it falls into both categories. The court then considers many of the same issues

as are used to determine alimony to decide what an equitable division would be.

2. Am I entitled to social security benefits from my spouse?

You may be entitled to spouse or survivor’s benefits if you and your spouse have been

married for longer than 10 years. Your spouse does not pay these benefits; instead, they

are provided by the federal government and governed by federal law.

3. Am I entitled to any of my spouse’s retirement accounts and pension?

Under the principle of equitable division, you may be entitled to a portion of your spouse’s

retirement accounts or pension.

4. Can I get custody of my dog / cat / pet in the divorce?

We often think of our pets as family members, but in Georgia, the

courts view pets as personal property. Several states have created a

new “quasi-property” definition for pets that handles their division

more like children, but Georgia is not one of those states. The

practical effect is that a best interest of the pet type of standard is not

necessarily how a decision will be made by a Georgia court.

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Alimony and Child Support

1. How does the court determine if I get, or have to pay, alimony?

The court considers several issues when determining if an award of alimony is appropriate.

The main issues are the length of the marriage, the standard of living and resources of both

spouses, the contributions each spouse made to the marriage, the age and health of the

spouses, their educational needs, their ability to pay alimony and their conduct during the

marriage. Alimony is not awarded in every divorce. If a spouse has committed adultery

that led to the divorce proceeding or has otherwise abandoned their spouse, the court

will most likely not grant them alimony. Ultimately, the decision to grant alimony is in the

court’s discretion. The types of alimony a judge can grant include temporary alimony, which

is awarded while the divorce action is pending, and permanent alimony, which is awarded

when the parties’ divorce is final. Permanent alimony does not necessarily mean that one

spouse is required to pay the other spouse alimony for the rest of his/her life. It can also

mean a lump sum payment of alimony, rehabilitative alimony to allow one spouse to gain

skills or education, and reimbursement alimony to repay one spouse if he/she supported

the other while getting a professional degree.

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2. How does the court calculate child support?

The court looks to a sliding scale when it determines child support requirements, and

considers the income of both the mother and father. It takes into account each parent’s

income, expenses related to the children, amount of time each parent spends with the child

and other related issues.

3. If the court determines that I have to pay child support, how long do I have that obligation?

According to the law, a parent must financially support a child until the earliest of the

following events: the child reaches the age of 18, dies, marries or becomes emancipated.

However, the court may provide (and often does) that the financial support for a child who

is not married or is not emancipated, but who has reached 18 years of age, shall continue

so long as the child is enrolled in high school, but that the financial support will end when

the child turns 20. This allows a child who turns 18 while he is still in high school to focus on

completing his high school education.

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Child Custody

1. How does the court decide who gets custody of my children and who gets visitation?

The court makes custody determinations based on what it believes to be in the best interest

of the child. The court considers numerous factors before making this determination,

including the parents’ wishes, the child’s wishes, the child’s relationships, the ease of the

child’s adjustment to a custody situation and the parents’ conduct and fitness.

2. How often will I get to see my child?

This depends on the type of custody arrangement that is put into place by the court. It

is most common for one parent to have primary physical custody with the other parent

having visitation. In this type of situation, the primary physical custodian will have the child

the majority of the time, while the non-custodial parent will typically have the child every

other weekend, and for one night during the week in which the non-custodial parent does

not have weekend visitation. The parents also split holidays, with certain holidays rotating

every year, and the non-custodial parent also usually gets a block of a few weeks with the

child during the summer.

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3. Can my child select who he wants to live with?

If the child is between the ages of eleven and fourteen, the court may consider the child’s

desires for which parent he wants to live with, but the child’s wishes are not a determining

factor. If the child is fourteen years old or older, the child may select which parent he/

she wants to live with. However, the court still has the power to void such selection if it

determines that the selected parent is not fit to have custody.

4. How should we tell our children that we are getting a divorce?

Generally, there is no “right” way to tell the children, as every family is different and the

reasons for the divorce can vary greatly. The important thing is to make the children

understand that though you and your spouse are divorcing, you both love them and will

always be there for them. Depending on the ages of your children, it may also be helpful

for the children to understand how the future will work – when they will see the parent

who is moving out, who will take them to school, where they will live, etc. However you and

your spouse choose to break the news to the children, do not let the conversation turn into

finger pointing or bashing the other person. This will only make the whole process more

difficult on the children, and will make for a much more hostile divorce.

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Divorce TerminologyProcedural Divorce Terms

1. Annulment: a legal action that, when granted, provides that the marriage never

actually occurred and is null and void.

2. Answer (to Complaint for Divorce): the pleading filed by the spouse who

has been served with the Complaint for Divorce where he/she can directly address the

allegations made in the Complaint for Divorce and ask for any relief he/she wants in the

divorce.

3. Complaint for Divorce: the pleading filed with the court by one spouse that

begins the divorce process. This document contains basic information about the spouses,

the marital relationship, the reason(s) for the divorce, and what the filing spouse wants

to receive or deny to the other spouse in the divorce. The filing spouse will need to

acknowledge in a notarized document that the information included in the Complaint for

Divorce is true and accurate to the best of his/her knowledge.

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4. Discovery: describes (1) the 6 month period that begins to run when an Answer

is filed in a divorce action where each spouse can gather information about his/her

position and the other spouse, and (2) the written questions, written document requests,

depositions and other mechanisms used to discover this information. The most frequently

used discovery mechanisms are:

A. Interrogatories: Written questions that one spouse in a divorce action

may ask the other spouse, which must then be answered in writing within

30 days. Information requested can include names and addresses of certain

witnesses vital to the case, employment history, and the names and

addresses of anyone with whom the opposing spouse may have had sexual

relations during the parties’ marriage.

B. Request for production of documents: Written requests for the

production of documents and other tangible things that one spouse may

send to the other spouse or any other person or entity with information

concerning the divorce proceeding. A request for production of documents

may include a request for the spouse’s paystub, the parties’ tax return, bank

statements, or cell phone records.

C. Request for admission: Statements that one spouse may ask the other

spouse to admit/deny under oath. An example of a request for admission

would be a request to admit that the other spouse had sexual relations with

someone other than his/her spouse during the marriage.

D. Deposition: An in-person, question-and-answer session taken in the

presence of a court reporter (who records everything that is said) where

one spouse’s attorney may question, under oath, the other spouse or any

other person or entity with information concerning the divorce.

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5. Divorce: a legal action where two spouses terminate the marriage relationship

once an agreement or ruling on asset and debt distribution, child custody, child support and

alimony has been made.

6. Domestic Relations Standing Order / Mutual Restraining Order: an

order that typically applies in all divorce cases where the court specifies appropriate and

inappropriate conduct by spouses during the divorce process.

7. Emergency Hearing: a hearing that either spouse in a divorce action may

request if he/she perceives a situation where someone, including the other spouse or a

child, is in danger, or where there is a grave risk of financial harm. The judge has discretion

to either grant or deny the request for an emergency hearing.

8. Final Judgment and Decree: The order issued by the court officially terminating

the marital relationship and laying out the terms of the divorce, including asset and debt

distribution, child custody, child support and alimony.

9. Mediation: a third party neutral (a “mediator”) attempts to facilitate discussions

between parties in order to help them best craft a solution to their disagreements. The

mediator does not decide any issues in the case, but instead listens to both parties, typically

separately, and tries to guide negotiations to a solution that both parties can ultimately

accept.

10. Pleading: the legal papers filed with the court during the divorce process, including

the complaint for divorce that the spouse initiating the divorce files, and the answer to the

complaint for divorce typically filed by the other spouse.

11. Separate maintenance: a legal action where spouses declare that they are living

separate lives but do not officially dissolve their marriage. This arrangement is sometimes

preferable where parties do not want to divorce for moral or religious reasons, or want to

continue to receive some kind of financial benefit related to their marriage.

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12. Service: the process where the spouse who files the Complaint for Divorce gives

the other spouse formal notice that the action has been filed. Service is typically made

either by dispatching a sheriff’s deputy or other process server to hand the Complaint for

Divorce to the other spouse directly, or by requesting and receiving the other spouse’s

signature on a form acknowledging receipt of the Complaint for Divorce.

13. Settlement Agreement: a written agreement signed by both spouses that

resolves some, or all, issues related to the divorce, and that specifies the terms of the

agreement.

14. Temporary Hearing: a hearing conducted by the court while the divorce is

pending to determine how various issues, including child custody and alimony, should be

dealt with in the time period before the divorce is finalized.

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Asset and Debt Division

1. Equitable division: a division, which is not necessarily equal, of the marital

property acquired by spouses during their marriage. The division is made by considering

several factors, including whether one spouse was at fault for the end of the marital

relationship.

2. Marital property: property acquired during the marriage or property that has

been “gifted” into the marriage by one spouse.

3. Mixed property: property that contains aspects of both separate property and

marital property, such as a house that was purchased by one spouse before the marriage

but that is now held jointly in the names of both spouses. To apply equitable division to

an asset of mixed property, a determination must be made as to what value is assigned to

separate property and what value is assigned to marital property.

4. Personal property / Personalty: All possessions with the exception of real

property, such as furniture, televisions, and automobiles.

5. Prenuptial agreement / Antenuptial agreement / “Pre-nup”: a contract

entered into by a couple before their marriage that divides their assets in case the couple’s

marriage ends in divorce.

6. Real property / Realty: land and structures attached to it, such as a house.

7. Separate property: property acquired before marriage or as a result of a gift or

inheritance by only one spouse during the marriage.

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Alimony and Child Support

1. Alimony: an allowance out of one spouse’s estate made for the support of the

other spouse when living separately.

A. Temporary Alimony: financial support paid by one spouse to the other

while the divorce proceeding is still ongoing and which terminates with the

final divorce decree. An award of temporary alimony does not necessarily

mean that permanent alimony will be awarded.

B. Permanent Alimony: financial support paid by one spouse to the other,

either in the form of a lump sum payment or periodic payments for a set

period of time, after the parties’ divorce is finalized.

2. Child support: money paid by one spouse to the custodial parent for the financial

care or support of the parties’ children.

3. Child support worksheet: form that allows calculation of presumptive amount

of child support due based on each spouse’s income and other factors.

4. Domestic Relations Financial Affidavit / DRFA: a sworn financial

statement that states your monthly income and expenses, and lists your assets and debts.

This is used to determine alimony and child support.

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Child Custody

1. Guardian Ad Litem / GAL: an attorney who has received specialized training

on child welfare and custody issues, and who works closely with the parties to evaluate the

situation and then reports its findings to the court.

2. Legal custody: concerns a parent’s access to records and rights to make major

decisions concerning the child, including health care, education, extracurricular activities

and religious training.

A. Sole legal custody: only one parent has decision making authority over

the child.

B. Joint legal custody: both parents have input and should be involved in

major decisions. Some common forms of joint legal custody are:

I. Both parents have rights to make major decisions, though one parent

will often have final decision making authority in the event the

parents cannot agree;

II. One parent has final decision making authority over certain

categories, like health care and education, while the other parent

has decision making authority over extracurricular activities and

religious training.

3. Parenting Plan: a roadmap for how the parties will share parenting responsibilities

for their children after their divorce.

4. Parenting Seminar: if there are children born of the parties’ marriage, after the

divorce action is initiated, they are required to attend this one-day course designed to deal

with issues specific to the effects of divorce on children.

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5. Physical custody: concerns where the child physically lives.

A. Sole physical custody: the child lives with only one parent subject to

reasonable visitation with the other parent, unless the court decides that

such visitation is not in the child’s best interest.

B. Joint physical custody: the child has substantially equal time and contact

with each parent.

C. Primary physical custodian: the parent with whom the child resides the

majority of the time; must be designated for child support purposes even if

each parent has equal time with the child.

D. Noncustodial parent: the parent who is entitled to visitation or parenting

time, unless the court decides that is not in the child’s best interest.

T H E A T L A N T A D I V O R C E T E A M

LLC