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If
I decide to go ahead with it,
how should I go about separating
from my spouse?
Make
a plan, if possible. You can't
just kick your spouse out of the
house (unless perhaps the home
is titled in your name only),
and leaving the house may impact
your chances for obtaining custody
or protecting property interests.
Consider where you're going, what
possessions and vehicles you can
take with you, who the children
will stay with, how the children
will be cared for, and how bills
will be paid. If you can, discuss
a separation with your spouse
and agree on temporary arrangements.
If possible, put any agreement
in writing. A handwritten agreement
signed by both parties is enforceable
in court and will provide extra
protection for you. If your spouse
is not in agreement about a separation,
consult an attorney before leaving
the marital home. An attorney
can assist you in planning for
a separation that doesn't jeopardize
your rights.
How do I provide for myself
and the children during the separation?
Once
separated, you can apply to the
court for several types of relief.
First, you may request child support
if you have custody of the minor
children. The question is always
"how much?" Both of
you are going to have to contribute.
One of you probably will think
they are getting too little and
the other probably will think
they are paying too much. Fortunately,
most states have implemented child
support guidelines. This mandated
method of calculation takes some
of the guess work out of who pays
how much.
But there's more to support
than a monthly check. What about
education or braces or money for
sports competitions? What about
medical expenses or counseling?
The
court can grant both temporary
and permanent support. Be knowledgeable
about how support is calculated;
changing the amount of support
is neither automatic nor easy.
A modification of support in the
future will require a significant
change in financial circumstances.
A second type of support is spousal
support or family maintenance.
You can request that your spouse
contribute to the mortgage and
household expenses. If the court
has determined that you and the
minor children should remain in
the marital home, the court may
also grant an award of support.
The court will generally assess
the needs of the party requesting
relief and the ability of the
other party to contribute.
How does a judge decide
who will be awarded custody of
the children?
The
courts use the "best interests
of the children" standard
in assessing a custody situation.
If the two of you can work together,
then a joint or shared custody
arrangement may be right for you
and your children. If effective
communication between yourself
and your spouse is not a reality,
sole custody may be the only option.
Having the court decide who should
have custody is the very last
option. The courts also look to
whether an individual's bad acts
are acts that have harmed the
children.
What does "custody"
mean, exactly?
Custody
comes in two forms: legal and
physical. Legal custody is the
authority to make decisions concerning
the minor child(ren)'s health,
education and welfare. Physical
custody pertains to where the
child(ren) sleeps for the majority
of the time. Generally, the courts
will grant legal custody to the
parent having physical custody.
This makes sense since the parent
taking care of the child(ren)
may have to make emergency decisions.
Two parents may share custody
or one parent may have sole custody.
There are several possible combinations
of custody: shared (joint) legal
with sole physical; shared legal
with shared physical; or sole
legal with sole physical. While
many parents convey their desire
for shared or joint custody, the
Georgia courts are not inclined
to grant shared custody unless
that is the established arrangement.
A
Georgia law firm also serving
the District of Columbia and the
Nations. Our Georgia divorce attorneys
understand the law to better help
you.
YOU SHOULD REMEMBER THE INFORMATION
THAT YOU READ HERE IS GENERAL
IN NATURE AND NOT MEANT TO BE
A SUBSTITUTE FOR SPECIFIC LEGAL
ADVICE FROM AN ATTORNEY. |
