As social media grows a bigger part of our lives daily, many more questions will be asked, and more eyebrows will be raised. Using digital evidence in court requires attention to detail to protect the rights of all parties involved and assure the admissibility of the provided evidence. When undergoing family court cases, it is a top priority that all privacy rights are kept to the utmost of the law. Phillips and Sellers Attorneys At Law are here to help navigate the legal aspects of these emotional and challenging times for a sense of understanding.

The Varied Forms of Digital Evidence

Digital evidence can take various forms, such as emails, text messages, and, notably, social media. Platforms, including Facebook, Instagram, Twitter, and numerous other sites and applications, can be utilized as digital evidence in court. Providing admissible evidence in family court cases is crucial for proving authenticity.

Leveraging Social Media as Evidence

Social media platforms can offer a wealth of information about individuals’ personal lives, relationships, and behaviors, making them a rich source of evidence in matters such as divorce, child custody, and alimony. For instance, posts, direct messages, comments, or photographs shared on social media can shed light on a person’s lifestyle, financial status, or conduct that may impact the court’s decisions.

The perceived privacy of social media may be more public than anticipated. Digital evidence from social media can encompass both current and past data, retaining information you might have believed was permanently deleted. Essentially, anything that has been posted or sent via social media remains accessible. 

Privacy and Authenticity

Privacy rights and how the evidence was obtained are two factors, amongst others, that need to be considered before providing digital evidence during family law matters. Phillips and Sellers Attorneys is here to protect your privacy rights, specializing in the areas of divorce, child custody, and other family law matters. The process underscores the delicate balance between leveraging digital evidence to support legal arguments and upholding the privacy rights inherent in social media use, highlighting the need for legal professionals to approach such evidence with careful consideration and expertise. The process underscores the delicate balance between leveraging digital evidence to support legal arguments and upholding the privacy rights inherent in social media use, highlighting the need for legal professionals to approach such evidence with careful consideration and expertise.

Legal Framework in Georgia

In Georgia, as in many jurisdictions, the handling and admissibility of digital evidence in legal proceedings are guided by both state statutes and federal laws, given the cross-jurisdictional nature of digital data. These laws address the collection, preservation, and presentation of digital evidence, ensuring it is relevant, reliable, and obtained lawfully.

At Phillips and Sellers Family Law, we know the importance of legal professionals handling family law matters possessing a nuanced understanding of how digital evidence can be leveraged effectively, ensuring it meets the court’s stringent criteria for relevance and admissibility. Trust us and allow our attorneys to properly protect your rights and hopefully ease one thing on your mind!

Criteria for Admissibility

Relevance of Evidence

For digital evidence to be deemed relevant, it must not only be directly connected to the case. Still, it must also meet specific criteria for admissibility, such as authenticity, proving the evidence is what it claims to be, assuring it has not been altered or tampered with, reliability, how the evidence was collected and preserved, and compliance with Federal and state privacy laws and regulations.

The Pivotal Role of Relevance

The relevance of digital evidence is pivotal, as it can significantly affect the outcome of a case by influencing the court’s understanding and judgments regarding the issues at hand. Relevance is a foundational principle in legal proceedings, dictating that digital evidence must significantly pertain to the matters being adjudicated. Within the scope of family law, this criterion for proof ensures that the information presented to the court directly affects the decisions at hand, whether concerning divorce settlements, child custody arrangements, support obligations, or other familial disputes.

Phillips and Sellers Attorneys at Law

As Phillips and Sellers Family Law demonstrates, ensuring that digital evidence from social media is both relevant and lawfully obtained is paramount to upholding the integrity of the judicial process while also protecting the privacy and rights of individuals in sensitive family law disputes. The balanced approach to these issues not only influences the outcomes of cases but also reinforces the legal system’s commitment to fairness, accuracy, and the highest standards of justice. In Georgia’s family courts, the judicious use of social media digital evidence, guided by expertise and an unwavering respect for privacy rights, is essential for the resolution of modern legal challenges.

Contact Phillips and Sellers Attorneys At Law  today for your family law consultation!

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Understanding Alimony

Alimony, also known as spousal support or maintenance, is a financial arrangement ordered by the court to provide economic assistance to a spouse during or after divorce. Traditionally, alimony was often granted to the lower-earning spouse, particularly in cases where one party sacrificed their career or education for the benefit of the marriage.

Recent Changes in Georgia

Duration Limits:

One significant change in Georgia’s alimony laws involves imposing duration limits. Previously, alimony orders had no specific time constraints, leaving room for indefinite payments. However, the recent reforms introduced clear guidelines on the duration of alimony, aiming to provide a more predictable and structured framework.

Cohabitation Clauses:

Georgia now allows for the modification or termination of alimony if the recipient cohabits with a new partner. This provision reflects the evolving societal norms and addresses concerns about providing financial support when the recipient is in a new relationship.

Income Tax Implications:

The changes in federal tax laws have also influenced alimony reform in Georgia. As of the latest amendments, alimony payments are no longer tax-deductible for the paying spouse, and the recipient no longer needs to include them as taxable income. This shift has financial implications for both parties involved in divorce proceedings.

Implications and Considerations

Predictability and Consistency: With the introduction of duration limits, divorcing couples can now more accurately anticipate the duration of alimony payments. This may lead to more predictable financial planning for both parties and reduce the potential for prolonged legal battles.

Balancing Financial Independence: The emphasis on encouraging financial independence and self-sufficiency is evident in the recent reforms. By setting limits and considering factors like cohabitation, the legal system aims to strike a balance between supporting the lower-earning spouse and promoting individual financial responsibility.

Legal Guidance and Advocacy: Given the complexity of alimony laws and the recent changes, individuals going through divorce proceedings in Georgia are encouraged to seek legal counsel. Experienced family law attorneys can provide valuable insights, navigate the intricacies of the legal system, and ensure that their client’s rights and interests are protected.

Contact Phillips & Sellers Attorneys At Law

The recent alimony reforms in Georgia reflect a broader trend in family law, emphasizing fairness, predictability, and adaptability to evolving social norms. As couples navigate the complexities of divorce, understanding these changes and seeking professional legal advice can be crucial in achieving equitable and satisfactory outcomes for all parties involved.

Contact the family law professionals at Phillips & Sellers.

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The Best Interests of the Child Standard

Georgia family courts prioritize the best interests of the child when making custody decisions. This standard requires the court to assess various factors to determine the most suitable living arrangement for the child involved. Factors considered include the child’s emotional and physical well-being, each parent’s ability to provide a stable environment, the child’s relationship with each parent, and the parent’s willingness to facilitate a healthy relationship between the child and the noncustodial parent.

4 Key Factors in Custody Determinations:

1. Parental Fitness: Georgia courts assess each parent’s ability to meet the child’s needs, considering factors such as physical and mental health, parenting skills, and involvement in the child’s life.
2. Child’s Wishes: While the child’s preferences may be taken into account, the court considers the child’s age, maturity, and reasons behind their preferences. It is not the sole determinant, but it can influence the decision.
3. Stability and Continuity: Courts typically favor arrangements that provide stability and continuity in the child’s life, including maintaining consistent schooling, living arrangements, and relationships.
4. Co-Parenting Skills: The court looks at the parent’s ability to communicate and cooperate in making decisions about the child’s upbringing. A willingness to support the child’s relationship with the other parent is crucial.

Tips for Georgia Parents in Custody Disputes

Prioritize the Child’s Well-being: Demonstrate a commitment to meeting the child’s physical, emotional, and educational needs. This can strengthen your case for custody.

Maintain a Positive Relationship with the Co-Parent: Courts value parents who can collaborate in the child’s best interests. Avoiding conflict and fostering a positive co-parenting relationship can be beneficial.

Document Relevant Information: Keep detailed records of your involvement in the child’s life, including visitation schedules, communication with the other parent, and any significant events or changes.

Seek Professional Guidance: Consult with a family law attorney like Phillips & Sellers Attorneys at Law to understand your rights, responsibilities, and legal options. Our attorneys can provide valuable advice tailored to your specific situation.

Contact Phillips & Sellers Attorneys at Law Columbus, GA

Navigating child custody laws in Georgia requires a thorough understanding of the best interests of the child standard and the factors that influence custody decisions. By prioritizing the child’s well-being, maintaining positive co-parenting relationships, and seeking professional guidance, parents can navigate the legal process with greater confidence and increase their chances of securing a favorable custody arrangement. 

Remember, each case is unique, and consulting with a knowledgeable family law attorney is crucial for tailored advice and effective representation in family court. 

Contact our office today for a consultation to discuss your situation with a professional family law attorney.

The post Exploring Child Custody Laws in Georgia: A Comprehensive Guide appeared first on Phillips and Sellers Attorneys At Law.

Understanding Your Family’s Legal Needs

Family legal matters encompass various issues, from divorce and child custody to adoption and estate planning. In Columbus, Georgia, families often seek reliable and trustworthy legal help to navigate these sensitive situations.

At Phillips-Sellers, our experienced attorneys specialize in various areas of family law in Columbus, GA. Whether you require guidance through a divorce process, need assistance in child custody arrangements, or seek legal advice on estate planning matters, our team is equipped to offer comprehensive support tailored to your unique circumstances.

Compassionate Guidance Through Difficult Times

We recognize that family legal matters often bring emotional strain and uncertainty. Our lawyers in Columbus, Georgia, approach each case with empathy and understanding. We prioritize clear communication, ensuring you are well-informed about your legal options and the potential outcomes.

We believe in fostering a supportive environment where clients feel heard and empowered throughout the legal process. We aim to alleviate your stress by providing strategic guidance and advocating for your best interests, ensuring a smoother resolution of your family’s legal matters.

Expertise Rooted in Columbus, Georgia

Phillips-Sellers takes pride in our deep-rooted connection to the Columbus, Georgia community. Our lawyers are familiar with the local legal landscape, court systems, and intricacies specific to family law in this region. This local insight allows us to offer informed advice and craft legal strategies customized to meet the unique needs of our clients in Columbus and the surrounding areas.

Your Trusted Partner for Family Legal Solutions

Finding a trustworthy partner for family legal matters is crucial when seeking a lawyer in Columbus, Georgia. Our commitment to professionalism, integrity, and client-centered service sets us apart. We prioritize building solid relationships with our clients, earning their trust by delivering dedicated legal representation and achieving positive outcomes.

Empowering Families Through Legal Expertise

At Phillips-Sellers, we aim to empower families by providing expert legal guidance. We understand the importance of preserving familial relationships while navigating legal complexities. Through our expertise and dedication, we strive to minimize conflict, facilitate amicable resolutions when possible, and protect your best interests and those of your loved ones.

Your Family Law Ally in Columbus, GA

In Columbus, Georgia, finding a reliable lawyer’s office for family legal matters is essential. We are proud to be a beacon of support for families needing legal assistance. With our compassionate approach, local expertise, and unwavering commitment to achieving the best outcomes for our clients, we are here to guide you through the complexities of family law in Columbus, GA.

Contact us today to schedule a consultation. 

Let us be your trusted legal ally as we navigate your family’s legal journey together in Columbus, Georgia.

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Family Transitions Can Be Difficult

As a family lawyer in Georgia, I’ve witnessed firsthand the importance of having the right legal support during these sensitive moments. From Atlanta to Savannah, families across Georgia face a myriad of challenges and changes. Here, we’ll delve into five key legal solutions to help navigate family transitions effectively throughout Georgia and beyond.

1. Divorce and Separation:

Divorce is a significant life event that involves numerous legal complexities. In Georgia, the legal process of divorce involves several elements, including the division of property, child custody, spousal support, and more. Seeking the counsel of a family lawyer in Columbus, Georgia, is pivotal to navigating the legal intricacies and ensuring a fair and equitable resolution.

2. Child Custody and Support:

Determining child custody and support is often one of the most emotionally charged aspects of family law. Georgia courts focus on the child’s best interests when deciding on custody arrangements. Legal assistance is crucial in presenting a compelling case that considers the child’s welfare, ensuring fair custody and support agreements.

3. Adoption:

Adoption is a beautiful but legally intricate process. Whether you’re looking to adopt a child or considering placing a child for adoption, understanding the legal requirements and navigating the paperwork can be overwhelming. A family lawyer in Georgia can guide you through the adoption process, making sure all legal aspects are appropriately managed.

4. Prenuptial Agreements:

In today’s world, prenuptial agreements have become essential for many couples entering marriage. These agreements protect individual assets and establish guidelines for potential outcomes in case of divorce. Seeking legal counsel while drafting a prenup in Georgia ensures its validity and enforces the intended terms.

5. Mediation and Dispute Resolution:

Amidst family disputes, mediation can be a constructive method to resolve conflicts without heading to court. Mediation offers a more amicable and cost-effective approach to finding common ground. A family lawyer proficient in mediation can facilitate constructive dialogue, aiming for mutually agreeable solutions.

In Columbus, Georgia, accessing appropriate legal help during family transitions is paramount. Skilled family lawyers well-versed in Georgia’s family law system can offer the necessary support, guidance, and expertise to ease the legal complexities and emotional stress associated with these life-changing events.

Phillips & Sellers Family Legal Solutions

Family transitions are sensitive and often challenging. In Georgia, seeking legal assistance from a knowledgeable family lawyer can make a significant difference in achieving fair and satisfactory outcomes. Whether it’s divorce, child custody, adoption, or any other family-related legal matter, having a legal professional by your side ensures that your rights are protected and that the best interests of all involved parties are considered.

If you’re in Georgia and facing family-related legal issues, don’t hesitate to ask for legal guidance. Remember, having the right legal support can make these transitions smoother, offering a foundation for a more stable and positive future for you and your family.

For more information or to seek legal assistance, contact us today.

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8 Items to Consider on the Path to Divorce

We’re here to help you navigate through this emotionally charged and often quite challenging journey. Here’s what you need to know if you’re seeking a divorce lawyer or family lawyer in Columbus, GA: 

• Residency Requirements: When you get a divorce, you must meet specific residency requirements. Under Georgia law– and in order to file in Georgia– one of the spouses must have lived in the state for at least six months before filing. Furthermore, the divorce should be filed in the specific county where the defendant resides or in the county where both parties last resided together as a married couple. 

• Grounds for Divorce: The state of Georgia recognizes both types of divorce: fault-based and no-fault grounds. Most commonly, couples file for no-fault ground divorce because of “irreconcilable differences.” All this means is that the marriage is irretrievably broken and that both parties have no hope for reconciliation. On the other hand, fault-based divorces typically involve either adultery, cruelty, desertion, or substance abuse. If you’re unsure of your specific situation, consult a family lawyer or divorce lawyer to determine your grounds for divorce. 

• Filing for Divorce: Once you know what type of divorce you’re filing, you or your attorney must file a “Complaint for Divorce” in the appropriate county court. The “Complaint for Divorce” outlines the grounds for divorce, custody arrangements (if appropriate), division of property, as well as any spousal support requests. Then, your spouse will receive a copy of the complaint and must respond to it within 30 days. 

• Temporary Orders: During the course of the divorce process, it might be deemed necessary to establish what are known as temporary orders for either child custody, visitation rights, spousal support, or the division of marital property– or any combination of these. The purpose of these orders is to provide stability and guidance for all parties affected until the divorce is finalized. Again, hiring an expert in a family divorce lawyer would be the best option to negotiate these arrangements or present your case to the Georgia court. 

• Discovery & Negotiation: The next step in the divorce process is called discovery, which is the exchange of information, and negotiations between the parties. Discovery allows each spouse to gather evidence and relevant documents or information to substantiate their claims regarding the division of property, child custody, and alimony. If the divorce is amicable, you may not need much in terms of negotiations, but it is always a good idea to have an attorney negotiate for you through either mediation or direct discussion. The goal is to reach a settlement to which both parties mutually agree. If an agreement, however, cannot be reached, then the next step is to go to trial. 

• Divorce Trial: Again, if an agreement isn’t reached in discovery and negotiation, or if the divorce is contested, a trial is deemed necessary to resolve issues. Both sides will have the opportunity to present their evidence and arguments before a judge, who will then make the final decisions regarding the division of property, child custody and support, alimony, and any other related matters that need to be finalized. It is pivotal to have an experienced divorce lawyer to represent your interests if you believe your divorce will go to trial. It’s a great idea to hire a lawyer in most cases, but for a divorce trial, it is absolutely crucial to have someone with the skills and experience to represent you and your interests.

• Finalizing the Divorce: To finalize the divorce, the judge will issue a final decree of divorce, which legally terminates your marriage. In addition, this document outlines all of the terms and conditions of the divorce, including the division of assets, custody arrangements, and any child support or alimony obligations. To avoid any legal repercussions, you must adhere to the terms in this document. If you do not follow the guidance outlined in this decree, you could face a range of legal consequences. 

• Other Lawyer Considerations: In addition to ongoing responsibilities, such as child support or alimony, you may need to update legal documents such as wills, insurance policies, and beneficiary designations to reflect your new circumstances. 

Choose Phillips & Sellers Family Divorce Lawyers

No matter the grounds or the catalyst, navigating divorce can be a complex task. It is best to seek the guidance of a family divorce lawyer to expertly lead you through this difficult time. Every divorce is unique, so having experienced legal representation in Georgia is essential to protecting both your rights as well as your best interests. 

If you’d like to consult with one of our experts in divorce lawyers in Columbus, GA, give our team a call. 

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The Role of a Family Law Attorney

A family law attorney is a legal expert who specializes in matters concerning family relationships, such as divorce, child custody, spousal support, and more. We at Phillips and Sellers are dedicated to guiding you through these often emotionally charged legal processes.

What to Expect

Divorce can be one of life’s most challenging experiences, and navigating the legal aspects can make it even more complex. In Georgia, divorce laws are specific and require proper legal representation. The experienced family law attorneys here at Phillips and Sellers can help you understand your rights and responsibilities during the divorce process.

We will assist you in:

• Filing for Divorce: Determining the grounds for divorce, whether it’s no-fault or fault-based, and filing the necessary paperwork accurately.
• Property Division: Ensuring that marital assets are fairly and equitably divided, taking into account factors like contributions, length of marriage, and more.
• Child Custody: Advocating for your parental rights and the best interests of your children when it comes to custody arrangements.
• Child Support: Calculating child support payments, ensuring they are fair and in compliance with Georgia’s child support guidelines.

Family Law in Columbus, Georgia

Understanding family law in Georgia is crucial when facing family-related legal issues. Georgia has specific laws and regulations that govern divorce, child custody, spousal support, and more. Having a family law attorney who is well-versed in Georgia’s legal landscape, like Phillips and Sellers, is essential. There are many different aspects of divorce, and understanding all of these topics may be difficult. We will help you understand the ins and outs of each detail so you can feel as comfortable and as confident as possible in these troubling times.

Grounds for Divorce

Georgia allows both no-fault and fault-based divorces. While a no-fault divorce can be filed if the marriage is “irretrievably broken”, fault-based divorces can be based on grounds such as adultery, cruelty, or abandonment.

Property Division

Georgia follows equitable distribution laws when dividing marital property. This means that property and assets are divided fairly, though not necessarily equally. Factors like each spouse’s financial contribution, the length of the marriage, and the economic circumstances of each party are considered.

Child Custody

When determining child custody, Georgia courts prioritize the child’s best interests. Factors like the child’s relationship with each parent, the child’s age, and the physical and emotional well-being of each parent are taken into account.

Child Support

Child support in Georgia is determined using state guidelines that consider factors like each parent’s income, the number of children, and other financial responsibilities.

Child Custody Disputes

A child custody dispute is potentially the most emotionally taxing part of a divorce. We understand the importance of putting your child’s needs first and will work diligently to help you both reach a favorable custody arrangement.

We will assist you in:

• Negotiating Custody: Guiding you through negotiations with your spouse/former spouse to reach an agreement that considers the child’s well-being.
• Mediation and Alternative Dispute Resolution: Exploring less adversarial options like mediation to resolve disputes more amicably.
• Modifications: Assisting with custody modifications when circumstances change, such as a parent relocating or a change in the child’s needs.

Personal Advice for Navigating Family Legal Matters

Facing family-related legal issues can be overwhelming, but with the guidance of Phillips and Sellers, you can navigate these challenging times more smoothly. Here are some personal pieces of advice to consider:

• Open Communication: Maintain open and respectful communication with your ex-spouse, especially when it comes to matters involving children. Effective co-parenting can minimize conflict and benefit your children.
• Document Everything: Keep records of all communications, court orders, and financial transactions related to your case. This documentation can be invaluable in court.
• Self-Care: Take care of your mental and emotional well-being during this stressful time. Seek support from friends, family, or a therapist to help you cope with the emotional toll.
• Trust Your Attorney: Rely on the expertise of Phillips and Sellers. Your attorney will provide you with the legal guidance and support you need to navigate the complexities of family law in Georgia.

Contact Phillips & Sellers For Family Law Issues in GA

Family legal matters can be emotionally taxing, but with the guidance of a skilled family law attorney like Phillips and Sellers in Columbus, Georgia, you can navigate these challenges with confidence. Whether you’re facing divorce, child custody disputes, or any other family-related legal issue, having the right legal representation can make all the difference. Remember that you’re not alone on this journey, and expert help is just a phone call away. Let Philips and Sellers Attorneys help you navigate through your family’s legal matters with ease.

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Understanding Divorce in Georgia

When it comes to divorce, each state has its own set of rules and regulations. Due to variations in the process from state to state and even jurisdiction to jurisdiction, it is essential to hire a family law attorney with experience in your local area. In Georgia, the legal process involves several requirements that you must follow to minimize the financial and emotional difficulty of obtaining a divorce. Whether you’re just considering filing for a divorce or have already made up your mind to proceed, understanding the process is crucial, and that’s where an experienced divorce lawyer can help you.

The Steps to Getting a Divorce in Georgia

Grounds for Divorce

Georgia offers both fault-based and no-fault divorce options. No-fault divorces are based on the grounds of irretrievable breakdown of the marriage, while fault-based divorces involve proving misconduct, such as adultery or cruelty. Fault-based divorces will require you to demonstrate that your spouse has committed certain actions, which can make the legal process a bit more complex, as you will need to provide compelling evidence of misconduct.

Residency Requirements

At least one of the spouses must have been a resident of Georgia for a minimum of six months before filing for divorce. This is an important factor to consider before initiating the process. If you have just recently relocated to Georgia, you’ll likely need to wait before you can pursue legal action, but be sure to begin the discussion with a skilled divorce lawyer as soon as possible to give you more time to plan. 

Filing the Petition

To begin the divorce process, you’ll need to file a complaint for divorce, or petition for divorce, in the county where you or your spouse lives. This legal document outlines the details of the marriage and the reasons for seeking a divorce and will indicate to the court what issues need to be resolved during the divorce process.

Serving the Other Spouse

The non-filing spouse must be properly served with a copy of the divorce papers. This can be done through personal service, where a neutral third party delivers the documents, or by certified mail.

Response from the Other Spouse

The non-filing spouse has the opportunity to respond to the divorce petition within a specified time frame. Their response may include agreements or disagreements related to the terms of the divorce, such as property division, alimony, and child custody.

Property Division and Alimony

Georgia follows equitable distribution principles when dividing marital property and determining alimony. It’s important to reach a fair agreement on these matters or let the court decide if an agreement cannot be reached. Sometimes spouses are in agreement on how to divide assets, and this makes the process much simpler, but often some arbitration is required. Even if you and your spouse agree on how to divide your mutual assets, it’s important you both have an experienced divorce lawyer representing you to ensure that the final decision is fair to all parties.

Child Custody and Support

If children are involved, child custody and support arrangements need to be established. Georgia courts seek to prioritize the best interests of the child when making these decisions. Just as with asset distribution, even if you and your spouse agree on the best plan for your children, it’s essential that you both have skilled legal representation. 

Finalizing the Divorce

Once all matters have been settled, a final hearing or trial will take place. The court will review the agreements and, if satisfied, grant the divorce. The marriage will then be legally dissolved.

Working Toward a Smooth Divorce Process

Hire a Quality Divorce Lawyer: Navigating the legal complexities of divorce can be overwhelming. A skilled Georgia divorce lawyer, like the experts at Phillips & Sellers, can provide you with expert advice tailored to your unique situation. You want to work with a lawyer who is familiar with the laws and court officials in your local jurisdiction, who can smooth the way for you and minimize the emotional and financial strain of the process.

Open Communication: Effective communication between spouses can help streamline the process. While emotions may be high, keeping the dialogue respectful and constructive can lead to more favorable outcomes. 

Be Prepared for Compromises: Divorce often involves compromise. Being open to negotiation can help both parties reach agreements that work best for everyone involved. Sometimes a divorcing spouse feels deeply wronged and is looking to punish their former spouse through the divorce process. Keeping your focus on a fair outcome rather than “winning” can make getting a divorce less emotionally draining and lead to better outcomes and fewer legal expenses than a drawn-out fight.

Prioritize Children: If children are part of the equation, their well-being should be a top priority. Creating a stable and supportive environment for them during the divorce process is essential to maintaining the best relationships moving forward.

Need a Georgia Divorce Lawyer? Phillips & Sellers Can Help

Getting a divorce in Georgia requires careful attention to legal requirements and a compassionate approach. At Phillips & Sellers, we understand the challenges you’re facing and are here to guide you through this difficult time. With the right professional legal assistance, you can navigate the divorce process in Georgia with confidence, and ensure a smoother transition into the next chapter of your life.

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What is Alimony?

Alimony, in simplest terms, is a financial arrangement established during divorce proceedings. Also known as spousal support or maintenance, it is intended to provide support to a financially dependent spouse. For example, one spouse is often the “stay-at-home” parent for a certain amount of time after married couples have children. This spouse would be the “receiving party” if it was determined that they were in need of financial assistance or support. It is, however, different from child support and often does not last as long. The amount and duration of alimony payments are calculated from various factors. 

How is Alimony in Georgia Calculated?

First of all, the court will look at the “needs” of the receiving party and evaluate the paying party’s “ability to pay.” After this analysis is completed, the court will have a general idea of whether or not alimony is warranted and whether there’s a legitimate need for alimony. 

Next, the court, according to Georgia law, will consider the Eight Alimony Factor to determine the monthly payment in order to ensure it is fair and equitable for both the paying and receiving parties. The following factors can influence the amount and duration of payments:

1. Length of the marriage: The duration of the marriage is a crucial element in determining alimony. Short-term marriages generally result in a lower amount, whereas longer marriages often yield higher payments. That makes sense, right?
2. Earning potential and income: Next, the court will examine the income and earning potential of both parties, taking into consideration each spouse’s current income, potential future income, and, overall, employability. This factors in the education, skills, work history, and health of each party as it relates to their ability to work. 
3. Financial resources: Evaluating the financial assets and resources of both parties is the next step. These resources include property division; marital assets, investments, and debts; liabilities;  and income of each individual.
4. Standard of living: Maintaining a certain lifestyle is a factor as well. Whatever standard of living was established during the duration of the marriage is considered. Courts typically aim to ensure that the financially dependent spouse can maintain the lifestyle to which they are accustomed.
5. Health and age of parties: Age is a determining factor as well. If one party is of advanced age and unable to work or another has health issues, particularly that inhibit one party to work, those situations are considered as well. 
6. Contributions to the marriage: The court will also evaluate how each party contributed to the marriage be they financial contributions like income and investment or non-financial contributions such as child-rearing and homemaking. 
7. Conduct during the marriage: While the state of Georgia is a “no-fault” divorce state, adultery and conduct of both spouses during the marriage may affect financial matters and alimony as well, especially if it can be proven that infidelity was the cause of the divorce. 
8. Child custody arrangements:  Lastly, if there are children involved in the divorce proceedings, the court takes into consideration the custody arrangement and the custodial parent’s financial obligations. Child support may impact alimony, but, again, the two are separate financial arrangements. 

While there is no set calculation for alimony, the court will consider all of the factors mentioned above which allows for flexibility and the court to consider the unique circumstances surrounding each and every case in Georgia. The court has the discretion in determining the amount and duration of alimony payments, which may result in temporary alimony or permanent alimony, rehabilitative alimony (support for a specified period to allow for the dependent spouse to obtain financial independence and become self-supporting), or a lump-sum (one-time) payment. 

Divorce Attorney in Georgia

If you’re in need of assistance during your divorce settlement, are entitled to alimony, or simply need a divorce attorney in Georgia, look no further than Phillips-Sellers Law Firm. We are well-versed in the financial implications of divorce and can help you determine whether or not you are entitled to alimony in Georgia. 

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Georgia Child Support Laws

Under Georgia state law, both parents have a legal obligation to support their child(ren). Typically, the non-custodial parent is the one who is required to pay child support to the custodial parent to assist in covering the child(ren)’s living expenses. In some cases, however, both parents may be required to pay child support if they share custody or if their incomes differ significantly. 

With child support, the basic needs of the child or children, such as food, shelter, and clothing should be met; additionally, some circumstances may warrant medical care, education, and, even extracurricular activities to be factored in as well under child support. Those are the basics, however, in recent years, support has grown for shared custody.

What is House Bill 96?

Since the introduction of House Bill 96 back in 2019, child support and child custody have both been hot topics in the state of Georgia. With the rise of the COVID epidemic, however, this bill died in the House. Talks, however, remained, and there is currently bipartisan support. Atlanta state representative Jasmine Clark, who first introduced the bill in 2019 did so to “level the playing field for fathers.” 

As the law reads now, Georgia law presumes that the mother should keep custody of the child(ren) unless a judge finds reason to rule against her. Thus, the mother typically becomes the custodial parent unless a case can be substantiated to rule against that fact, leaving the father to pay child support. If House Bill 96 passes, it would mandate 50/50 custody if a judge decides that joint custody would be in the best interest of the child(ren). 

House Bill 96 would also create a “legal presumption that equal, shared parenting is in the child’s best interests,” until, of course, there was evidence to prove it was not in any particular case. In addition, the bill, if passed, would require that the judge presiding over the case substantiate or explain why shared parenting is NOT in the child’s best interest in their order. Furthermore, this bill would give the judge more discretion on the age at which to consider the child(ren)’s own desires and wishes. 

Custody & Child Support in Georgia

This current custody and child support topic is one of hot debate, but Georgia isn’t alone. Kentucky has already passed a shared parenting bill and Rep. Clark has stated that data from that substantiates a reduction in domestic violence cases as well as increased compliance with child support. 

As divorce attorneys, it is our job to stay on top of the latest updates to custody laws, child support, and more, so that we know the best recommendations to give our clients. You can check out resources at https://childsupport.georgia.gov  If you’re facing issues with child support payment or other custodial issues, give us a call. 

Call Philips & Sellers Attorneys At Law to Learn More

Will 2023 be the year that “levels the playing field for fathers”? Only time will tell. Until then, you can count on Phillips-Sellers Law Firm and our team of dedicated professionals to support you in your fight for custody, child support, and more as you navigate the court system and fight for your child(ren). 

Contact us for more information about child support changes and updates in Georgia.

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