Bivek, Brubaker & Prescott - Marietta family law and divorce attorneys

Top 5 Divorce Myths

There are many misconceptions when it comes to divorce, child support, child custody, alimony, and the fair division of property and debts. These common divorce myths usually stem from a lack of accurate information or an abundance of misinformation.

Here are the top five common myths when it comes to Georgia divorce, child support, and custody.

Georgia Divorce Myth #1: I can only file for a modification of child support or child custody once every two years after my divorce is over.

This is FALSE. The law allows you to file for a modification immediately after divorce and within two years if there has been a material or substantial change in circumstances to justify the modification. So what constitutes a material change in circumstances? It is helpful to consult a Marietta divorce attorney because the answer is, IT DEPENDS. Examples of material changes include a 20% change in one person’s gross income, a relocation of 30+ miles for one of the parents, a drug or alcohol dependency issue, and a failure to exercise parenting regularly. However, other things can also qualify, which would allow you to pursue a modification of custody and child support in Georgia.

Georgia Divorce Myth #2: I can’t collect my child support and alimony anymore because my ex moved out of state.

This is FALSE. No matter where your ex has moved, the provisions in your final decree are still fully enforceable. Georgia has Long Arm Statute, which allows you to enforce a Georgia decree against a non-resident defendant. Even if your ex has moved to another state, they can still be forced to come to a Georgia Court and answer for failing to pay child support or alimony. If you have a final decree from another state and you now live in Georgia, it’s possible to domesticate your foreign decree and enforce it in Georgia. However, you’ll need a skilled Georgia divorce attorney.

Georgia Divorce Myth #3: Moms always win custody.

This is FALSE. The growing trend in Georgia divorce when it comes to child custody is to have both parents involved as much as possible. Schedules, where parents are sharing equal time or almost equal time, are increasingly common. The age of the child, parents’ work schedules, and the relationship between the children and each parent are all critical factors. Don’t think that if you’re a dad that you can’t get custody or significant custodial rights in Georgia.

Georgia Divorce Myth #4: If they don’t pay, then they can’t see the kids.

This is FALSE. Payment of child support is not a prerequisite to that person having visitation. Threatening to withhold visitation because you aren’t receiving child support is not a smart idea and could subject you to contempt of court.

Georgia Divorce Myth #5: I just won’t grant him the divorce!

Unfortunately, one spouse can’t withhold divorce from the other. Georgia is a no-fault state, so if one side wants a divorce, the divorce will be granted whether the other side wants it or not. There is nothing the other side can do to stop the court from granting the divorce in Georgia. Once the issues are resolved regarding the division of assets and debts, child custody, and visitation, a divorce will be granted even if one spouse would rather reconcile.

Move Beyond Divorce Myths with an Experienced Georgia Divorce Attorney

The Marietta divorce lawyers at Bivek Brubaker & Prescott have years of experience helping clients with divorces, custody agreements, and parenting plans that work best for the kids. You’ll work with one of our highly qualified partners rather than a junior associate. Move beyond the Georgia divorce myths and contact us today at 404-793-6530.

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