- "Divorce bargain" is Copyrighted by Flickr user: banjo d (Dan Bluestein) under the Creative Commons Attribution license.
To obtain a divorce in Georgia, the spouse filing the action must have grounds. It may be a "no-fault" or a fault ground. The no-fault ground is "irretrievably broken," another term for irreconcilable differences; basically, the couple no longer wants to be married to each other. For a fault ground, one of the spouses must engage in the performance of an action that is harmful to the marriage. There are several examples, ranging from habitual drug or alcohol abuse, to physical or psychological cruelty, to impotency. - The state of Georgia has several different types of child custody, the two most common being joint custody and sole custody. Joint custody states that both parents share custody of the child(ren), with one parent being the primary custodian, but both parents are consulted regarding health-care decisions, education issues and child care. Sole custody involves either one parent being the sole guardian and caregiver, where the other parent has zero rights to the child, or one parent being the primary guardian and custodian with the other parent having visitation only.
- The Georgia Parenting Plan Law, enacted in January 2008, is a requirement of all divorce cases involving child custody. The plan can be submitted by the parents together or as separate documents, but must include a proposed custody schedule including a holiday schedule and a plan regarding child care, insurance, and the relationship between each parent and the child(ren).
- The state of Georgia does not require that an attorney represent the parties in either child custody or divorce actions. However, due to the intricate and sometimes confusing laws surrounding family law, a lawyer is recommended in order for each party to an action to understand exactly what is required and expected of them throughout the process.
- The process of mediation is a way for an unbiased individual (a licensed mediator for the state of Georgia) to assist in negotiating an agreement between the husband and wife regarding their assets and even custody arrangements. Each party can still be represented by an attorney, but the mediation process helps to avoid a lengthy court battle that is expensive and stressful for the parties.
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