FAQs By Topics

Georgia courts use the "best interests of the child" standard. Factors include each parent's home environment, ability to provide care, the child's relationship with each parent, and the child's adjustment to school and community. There is no gender preference.

A standard Georgia parenting plan in Forsyth County outlines legal custody (joint decision-making) and physical custody (a detailed visitation schedule, often with the child spending alternate weekends and parts of holidays with each parent).

A new partner alone is rarely grounds for full custody in Gwinnett County. The court would need evidence that the new partner poses a direct harm to the child's welfare, affecting the child's best interests.

You must file a petition to modify custody in the county that issued the original order. A substantial change in circumstances, like a parent's relocation to Atlanta that significantly impacts the current schedule, is required for the court to reconsider.

Under Georgia law, mothers and fathers have equal rights in a custody determination. The court's decision is based solely on the child's best interests, not gender. An unmarried father must first establish legitimation to claim custody rights.

Georgia uses an "Income Shares Model." The court combines both parents' gross incomes, applies the state's guideline schedule based on the number of children, and then prorates each parent's share based on their percentage of the total income. Deviations can occur for health insurance, childcare, and parenting time.

Yes. Involuntary job loss in Alpharetta is typically considered a "substantial change in circumstances." You must file a petition for modification in the issuing court (e.g., Fulton County) to have the support amount legally recalculated based on your new income.

In Fulton County, you can file a contempt of court action. Penalties can include wage garnishment, driver's license suspension, interception of tax refunds, and even jail time. The Georgia Department of Human Services' Child Support Services can also assist with enforcement.

Standard Georgia child support guidelines do not automatically include private school or college tuition. These expenses can be addressed in your settlement agreement or argued as a deviation from the guidelines based on the child's established lifestyle and both parents' ability to pay.

In Georgia, child support typically ends when the child turns 18 (or 20 if still in high school). It can also terminate upon emancipation, marriage, or death of the child. For Gwinnett County orders, the obligation is strictly enforced until one of these events occurs.

Georgia judges consider factors like the duration of the marriage, the standard of living during the marriage, each spouse's financial resources and needs, and the contributions of each party (including homemaking). The primary goal is rehabilitative alimony to help a dependent spouse become self-sufficient.

Temporary alimony (alimony pendente lite) is for support during the Atlanta divorce process. Permanent alimony is rare and generally awarded in long-term marriages (often 20+ years) where one spouse lacks the ability to become self-supporting due to age, health, or a long absence from the workforce.

Yes, if the Fulton County alimony order is modifiable by its terms. Modification requires a substantial change in financial circumstances (e.g., job loss, retirement). Alimony typically terminates upon the remarriage of the recipient or the death of either party.

For divorce agreements finalized after December 31, 2018, alimony is NOT taxable to the recipient and NOT tax-deductible for the payor, according to federal law, which applies in Georgia. For older agreements, the previous tax rules may still apply.

For long-term marriages (e.g., 20+ years) in Gwinnett County, the duration of alimony is often tied to the length of the marriage. It is not uncommon for a court to award support for a period equal to one-third to one-half the length of the marriage, or in some cases, indefinitely.

A business acquired during the marriage is marital property. It must be valued (often by a forensic accountant or business appraiser), and then its value is subject to equitable division. This may mean one spouse keeps the business and buys out the other's share with other assets.

A QDRO (Qualified Domestic Relations Order) is a separate court order required by federal law to divide a 401(k), pension, or other ERISA retirement plan without tax penalties. In an Alpharetta divorce, it is essential for executing the asset division of retirement accounts outlined in your settlement.

Through financial discovery, including subpoenas for bank, investment, and business records. A forensic accountant can trace transactions, analyze lifestyle vs. reported income, and uncover hidden accounts or transfers. This is a critical step in Gwinnett County high-asset cases.

A forensic accountant identifies, values, and traces marital assets, uncovers hidden income or assets, evaluates business interests, and provides expert analysis on financial issues like standard of living and spousal support needs. They are vital for equitable division in complex cases.

The portion of stock options and bonuses that vested or were earned during the marriage is marital property subject to equitable division. The court will determine the marital portion and allocate it, often through an offset with other assets or a deferred payment plan.

Yes, prenuptial agreements are generally enforceable in Georgia if they are entered into voluntarily, with full financial disclosure, and without fraud or duress. Each party should have separate legal counsel for the strongest chance of enforcement.

A Georgia prenup can dictate the division of property and assets, spousal support, and debts. It cannot set terms for child custody or child support, as those are determined by the court based on the child's best interests at the time of divorce.

No, it is not too late. Postnuptial agreements can be created any time during a marriage in Atlanta, including after having children. However, the presence of children may add complexity, and the agreement still cannot predetermine issues of child support or custody.

The cost of a prenuptial agreement in Alpharetta varies based on complexity, asset structure, and legal counsel. To ensure a fair, enforceable agreement that protects your future, contact Tannen Law Group for a transparent quote. Our attorneys draft tailored agreements with clarity and foresight.

No. Any clause in a Georgia prenuptial agreement attempting to predetermine child custody or visitation is unenforceable. These decisions are always made by a judge at the time of divorce based on the current best interests of the child.

Mediation is a voluntary, confidential process where a neutral third party helps you reach an agreement. Litigation is an adversarial court process where a judge makes binding decisions. Mediation is generally faster, less expensive, and offers more control over the outcome.

Divorce mediation in Johns Creek is a cost-effective alternative to litigation, with total fees typically being a fraction of contested divorce costs. To receive a personalized estimate and explore if mediation is right for your situation, schedule a free consultation with Tannen Law Group’s experienced Georgia mediators today.

Yes. Once a child custody agreement is reached in mediation and incorporated into a court order by a Fulton County judge, it becomes a legally binding part of your divorce decree, just like a litigated outcome.

Absolutely. Most Atlanta area courts (Fulton, Gwinnett, Forsyth) actively encourage or even order parties to attempt mediation even after litigation has begun. It can help settle some or all issues, potentially avoiding a costly trial.

If mediation fails, your case proceeds with litigation. The discussions in mediation are confidential and cannot be used in court. Your attorney will then prepare to argue your case before a judge in your Georgia county court.

You must file a Petition for Modification in Gwinnett County Superior Court. You must demonstrate a material and substantial change in circumstances affecting the child's welfare (e.g., relocation, changes in a parent's fitness) since the last order.

Contempt of court is a willful failure to obey a valid court order (e.g., not paying support, denying visitation). In Georgia, penalties for contempt can include fines, attorney's fees, and even jail time until the violating party complies with the order.

Georgia's order can be enforced through the Uniform Interstate Family Support Act (UIFSA). You register the Fulton or Forsyth County order in the new state, where local authorities will enforce it. Your attorney can initiate this process and work with agencies in both states.

A substantial change in financial circumstances that is not temporary, such as involuntary job loss, disability, a significant increase in the payor's income, or the recipient's cohabitation, may justify modifying an alimony order in Georgia.

A modification case in Forsyth County typically takes 3 to 6 months, depending on court docket schedules and whether the other parent contests the change. If both parents agree, it can be resolved more quickly through a consent order.

A biological father must file a petition for legitimation in the superior court of the county where the child resides. If granted, it establishes his legal fatherhood, granting rights to seek custody, visitation, and obligating him for child support.

Paternity (or Acknowledgment of Paternity) establishes the biological father for purposes of child support. Legitimation in Atlanta courts is a separate legal action that grants the father full parental rights, including custody and visitation.

A mother can oppose a legitimation petition in Fulton County, but she cannot simply "block" it. The father has the right to a hearing where a judge will decide based on the child's best interests. The mother's opposition is one factor the judge considers.

After legitimation in Gwinnett County, you gain the right to seek custody and visitation, the right to have your surname given to the child, the right to object to adoption, and inheritance rights. You also assume the responsibility for child support.

The cost of a legitimation case in Georgia depends on whether the petition is uncontested or contested, requiring hearings and potentially a home study. For a transparent assessment and strategic plan that fits your budget, contact Tannen Law Group for a free case evaluation. Our Johns Creek family law attorneys are experienced in establishing fathers' rights efficiently and compassionately.

You can file a petition at the Gwinnett County Magistrate Court. If a judge finds immediate danger, they can issue an ex parte Temporary Protective Order (TPO) the same day. A hearing is scheduled within 30 days. The Tannen Law Group provides urgent, flat-fee TPO representation to help you navigate this critical first step safely and effectively.

A TPO is an emergency order lasting up to 30 days. After a hearing, a judge can issue a 12-Month Protective Order (often called a "permanent" order), which lasts up to one year and is renewable. Our Fulton County protective order attorneys guide clients through both processes, ensuring your petition presents a strong case for long-term protection.

Yes. Willful violation of a custody order is contempt of court. You must file a motion in the issuing county (e.g., Fulton or Forsyth). The experienced litigators at Tannen Law Group are skilled in contempt actions, working to enforce your rights and hold the other parent accountable to restore your parenting time.

Strong evidence includes police reports, medical records, photographs, threatening messages, and witness statements. Documentation is crucial. Our firm helps gather and present this evidence compellingly in Fulton County courts. Contact us for a confidential consultation to discuss protecting your safety.

A TPO in Gwinnett County (including Johns Creek) is effective for up to 30 days or until the court hearing. At the hearing, you must argue for a longer order. Don't face this hearing alone. Our Johns Creek TPO lawyers prepare you thoroughly to advocate for the continued protection you and your family deserve.