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In the divorce proceedings, one of the major concerns of the court is the children. The custody of the children is not automatically entitled to either parent. The judge always looks out for the welfare when determining custody especially if it involves minor children. The decision of the court when it comes to the custody is always the best interest of the child. There are many factors to consider when determining the best interests of the child: fondness, bonding capabilities and emotional ties that exist between the parent and the children, the children and the other family members, even the capabilities of each parent to encourage the relationship of the child and that of the other parent; and love. There will be an assessment of each parent’s past performance. This will determine the parent’s relative abilities of his or her future performance when it comes to parenting. Each parent is required to come up with a parenting plan.
One less thing to worry about is the trauma experienced by the children because the Georgia courts will do everything to lessen it. If the parents do not come to an agreement regarding issues that involve the children, the court is the one who will decide. The court considers it imperative for children to still maintain a relationship with both parents. Thus, parenting time rights are given to party who does not have the legal custody of the children. Children who are over 14 years old can choose which parent will have custody with the court’s consent. Both parents have an obligation to provide financial support to children up until the age of 18 years old. However, if the child has not graduated from high school before he has reached 18, then there is a continuous obligation to support the child until he or she graduates from high school but not beyond the age of 20. There are child support guidelines which uses the percentage of income formula. The formula calculates financial support obligation. The formula used is simply a percentage of the income of the parent according to the number of children that needs support. The guidelines are applied when the parents cannot agree on a certain amount. The court takes into consideration the age of the each child, the medical costs, educational costs, day care costs, custody arrangements, and other support obligations.
Another major concern of the court is the alimony. Alimony is the financial support payment of one spouse to the other spouse. It can be granted to either the husband or the wife. It is not perpetual as it is for a limited phase only. Payment stops when the recipient of the alimony marries another or expires. The mode of payment varies. It can be paid one time via cash or property. It can also be paid on a staggered basis depending on the court’s decision.
Another major concert of the court is the division of marital property. This is one of the most difficult and complicated areas of divorce. Marital property is the property gained during the marriage. Thus, in the state of Georgia, all assets (debts and other marital property) are divided equitably by the court regardless of how the title to the property is held. The judge, or in some cases – jury, will decide on the division. Each spouse is allowed a fair share. There is no formula used to divide marital property.
At the final trial, both parties should be able to present evidences by his or her own testimony. This is the time when other witnesses are called. The decision rendered by the judge alone or a 12-person jury, is final and binding upon both parties. The maiden name of the wife can be re-established if she wishes it so.
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