Frequently Asked Questions About Georgia Family Law

Family law issues can be emotionally charged and complex, requiring specialized legal expertise to navigate effectively. Our Georgia family law attorneys can guide you through these challenges and prioritize the best interests of all parties, especially children.

Below, we have answered some of the common questions asked by our clients.

What is the difference between separate property and marital property in Georgia?

In Georgia, separate property is classified as assets acquired by either spouse before the marriage, inheritances received by one spouse, gifts given solely to one spouse or assets separated through a prenuptial contract. Alternately, marital property is assets acquired during the marriage, regardless of which spouse earned or received them.

What is equitable distribution, and why isn’t property divided 50/50 in Georgia?

Equitable distribution is the principle applied in Georgia divorces to divide marital property fairly, though not necessarily equally, between spouses. A 50/50 split might seem like a straightforward solution, but it may not always be equitable, depending on the circumstances of each case.

Factors such as the marriage duration, each spouse’s financial contributions, earning capacities and respective needs are considered in determining a fair division of assets.

How is child support calculated in Georgia?

In Georgia, child support is calculated using an income-sharing approach, which considers both parents’ incomes and certain expenses related to the child’s care.

Each parent’s gross income is calculated, and certain adjustments may be made. The parents’ adjusted gross incomes are then combined to determine the total income available for child support.

How is child custody typically allocated in a Georgia divorce?

Child custody arrangements in Georgia prioritize the best interests of the child. Several factors are considered when determining custody. While joint custody may be awarded if deemed in the child’s best interests, primary physical custody may be granted to one parent, with the other receiving visitation rights.

Get Started With Our Attorneys

At Wiggins Casto Barrow, PA, we understand family law matters can be hard to deal with. If you have additional questions, our legal team can help. Call 706-842-6451 or use our online form today and arrange your consultation.