Glossary

Alimony

Alimony refers to the financial support that one spouse may be ordered to provide to the other during or after a divorce. Georgia law provides for alimony under O.C.G.A. § 19-6-1. The court considers several factors, including each spouse’s financial resources and needs.

Best Interests of the Child

This term refers to a legal standard used to determine child custody and visitation rights. According to Georgia law (O.C.G.A. § 19-9-3), multiple factors are evaluated to ascertain what arrangement would serve the child’s emotional, educational, and physical needs most effectively.

Child Custody

Under Georgia law (O.C.G.A. § 19-9-3), child custody can be categorized into legal custody and physical custody. Legal custody gives a parent the right to make decisions concerning the child, while physical custody refers to the actual residence of the child.

Child Support

Financial support provided by the non-custodial parent to assist in covering the costs of raising a child. This is regulated under O.C.G.A. § 19-6-15, which provides a detailed guideline based on the income of both parents.

Community Property

Georgia is an “equitable distribution” state (O.C.G.A. § 19-3-9), not a community property state, meaning assets acquired during the marriage are divided fairly, but not necessarily equally, in a divorce.

Contempt

Failure to comply with court orders related to family law, such as child support or alimony payments. Penalties for contempt are outlined under O.C.G.A. § 19-6-28.

Dissolution of Marriage

A legal term for divorce, as regulated under Georgia Code Title 19, Chapter 5 (O.C.G.A. § 19-5).

Equitable Distribution

The fair division of marital assets and liabilities. According to O.C.G.A. § 19-5-13, assets and debts acquired during the marriage are to be equitably divided between the parties, although this doesn’t necessarily mean a 50/50 split.

Guardian ad Litem

An individual appointed by the court, as per O.C.G.A. § 19-9-6, to represent the best interests of the child in legal proceedings.

Irretrievable Breakdown

The most common “no-fault” ground for divorce in Georgia, as outlined in O.C.G.A. § 19-5-3. It means that the marriage is so damaged that it cannot be reconciled.

Joint Custody

A form of child custody where both parents share legal and/or physical custody of the child, as detailed in O.C.G.A. § 19-9-6.

Legal Separation

Unlike divorce, legal separation doesn’t end the marriage but allows couples to live separately while remaining legally married. Georgia law doesn’t explicitly provide for legal separation but allows for separate maintenance (O.C.G.A. § 19-6-10).

Marital Property

Assets and liabilities acquired by either spouse during the marriage. In Georgia, marital property is subject to equitable distribution as per O.C.G.A. § 19-5-13.

Mediation

A dispute resolution process involving a neutral third party to facilitate negotiations between the parties. Georgia encourages the use of mediation in family law matters, as outlined in O.C.G.A. § 19-9-1.1.

Non-Marital Property

Assets acquired before the marriage or gifts and inheritances received individually during the marriage. Non-marital property is usually not subject to division in a divorce under Georgia law (O.C.G.A. § 19-3-9).

Parenting Plan

A document outlining the terms of child custody, including the time each parent will spend with the child and how decisions will be made, as per O.C.G.A. § 19-9-1.

Prenuptial Agreement

A legal contract entered into before marriage that sets forth the division of assets and alimony in the event of divorce. These agreements are generally enforceable in Georgia under O.C.G.A. § 19-3-62.

Visitation

The rights of the non-custodial parent to spend time with the child. Visitation is typically determined according to the best interests of the child, following Georgia statutes O.C.G.A. § 19-9-3.