Legal Question in Family Law in Georgia

Re: Gwinnett County

Unfortunately, no statistics on such matters are kept to the best of my knowledge. There appear to be two separate issues you are asking about:

1. Custody: Given the age of your children, that you are their mother and presumably their primary care giver, typically you would be awarded physical custody with joint legal custody. Georgia divides custody into two categories: Physical custody, the parent that has the children day to day. The parent that does not have physical custody has visitation--structured for the non-custodial parent something like every other weekend, and alternating holidays. The non-custodial parent also has the duty to pay child support, which for three children would range from 25% to 32% of the non-custodial parent�s gross income. Custody disputes are always, however, decided on the best interest�s of the children.

2. Property Division: Regarding your house and other property, there are two legal theories by which you can claim a portion of the marital estate: Alimony and Equitable Division of Property. Alimony, is awarded to a spouse based on his/her need and the other spouse�s ability to pay. Need is defined by that station or standard of living the collecting spouse was accustomed to during the life of the marriage. Generally, alimony is awarded in cases of lengthy marriages, or where one spouse earns a disproportionate percentage of the couple�s income. Equitable Division of Property: This theory of recovery would give either spouse a claim to any property acquired during the marriage--the marital estate. Such marital property being the subject of an �equitable� partition, being defined in general terms as 50% of the marital.

As you can tell by even this very shortened explanation of the issues involved, a divorce such as yours is a complex problem, requiring considered thought. For example, your house: when was it purchased and with what--your husband�s inheritance--what financial stake has either party placed into the house, etc. There is the added complication of whether there is a mortgage.

If you are seriously considering a divorce, then please feel free to contact me so an appointment can be made and these issues can be discussed in more detail. Such an action should not be considered lightly and certainly not without the advice of an attorney. I wish the best of luck.