I'm getting a divorce. What's going to happen?

Divorces are filed in the Superior Court of either the county where your spouse lives or where you lived with your spouse in the last six (6) months.

If you and your spouse agree about all issues, including child support and property division,  a lawyer will prepare uncontested paperwork.

This should including:   Divorce Complaint; Agreement; Consent to Try in 31 Days, Acknowledgment of Service, Parenting Plan (if children), Child Support Addendum (if children).  There will also need to be prepared a Report of Divorce which is provided to the State of Georgia.


A Divorce Complaint is a lawsuit laying out the issues.  An Agreement is a contract with your spouse resolving the issues of your divorce.  An Acknowledgment of Service is a proof that the Defendant received the Complaint.  A Consent to Try in 31 Days form allows you to get divorce after 31 days after filing of the paperwork.  A parenting plan provides your agreement on parenting issues and a child support addendum shows how you determined child support.   All of these forms are very complicated and should be prepared by an attorney.

If you don't agree on all issues, typically each side hires an attorney, who requests all pertinent information from the other spouse.    A mediation is held, where a mediator helps the party resolve their differences.  If this does not work, then a Superior Court Judge will rule on these issues on a temporary and permanent basis.  Most Counties require parents to attend a parenting seminar.

A divorce can take as little time as 31 days or may go on for years.  In most cases a contested divorce should be resolved in less than a year.

Please visit my website at tomtierneylaw.com

Please call if you need legal representation to Thomas F. Tierney at (770) 631-1100 or e-mail at tierneylawyer@yahoo.com   Thomas F. Tierney is an attorney who represents clients in south metro Atlanta, including Fayette County, Coweta County, Peachtree City, Tyrone, Fayetteville, and Newnan Georgia.

How do we resolve custody of our children?

Under Georgia law the Court uses a "best interests of the children" standard.   This means the Court does what it deems is best for the children.   There is basically two (2) types of custody issues.  The first is "legal" custody, which regards who makes decisions regarding medical, educational and religious decisions for the children.  Usually the Court grants joint legal custody, which each parent having input and access to records and having the right to talk to teachers and doctors.  If the parents do not agree, then one parent has final decision making responsibility.   Sometimes parents agree that the final decision making responsibility is shared.  In other words, Father might have final decision making responsibility for medical decisions and Mother might have it for education.

Physical custody refers to what home the children primarily reside in.   Usually one parent is the primary physical custodian.  The primary physical custodian  receives child support from the other parent and the child attends school in that parents' district.   Sometimes parents have joint physical custody, which means that each parent has the child for 1/2 of the time.

Attached is a sample Parenting Plan.  You need to prepare a parenting plan for consideration by the Court as part of an uncontested proceeding, or if contested, for the Court's consideration at hearing.

Do not believe that you have to use a cookbook visitation plan.  The Courts encourage both parents to be as involved in their children's lives as possible, and will consider any rational parenting plan which is good for the kids. 

Please visit my website at tomtierneylaw.com

Please call if you need legal representation to Thomas F. Tierney at (770) 631-1100 or e-mail at tierneylawyer@yahoo.com   Thomas F. Tierney is an attorney who represents clients in south metro Atlanta, including Fayette County, Coweta County, Peachtree City, Tyrone, Fayetteville, and Newnan Georgia.

What if my spouse won't agree to a Divorce?

To get a divorce, you must have a "grounds" for divorce.  Grounds simply means a reason for a divorce.   There are 13 grounds for divorce in Georgia, ranging from adultery to abuse.  However, nearly every divorce is granted on the grounds that the marriage is "irretrievably broken".    Basically, if one spouse believes the marriage if over, the marriage is over and the divorce is granted.  Your spouse cannot bully you into staying married and you are not forced to prove that your spouse is a bad person.

Attached is a link to the law regarding grounds for divorce in Georgia.   Georgia Grounds for Divorce

Please visit my website at tomtierneylaw.com

Please call if you need legal representation to Thomas F. Tierney at (770) 631-1100 or e-mail at tierneylawyer@yahoo.com   Thomas F. Tierney is an attorney who represents clients in south metro Atlanta, including Fayette County, Coweta County, Peachtree City, Tyrone, Fayetteville, and Newnan Georgia.

How do I calculate Child Support?

Georgia, like most states, uses a child support calculator which is based on each parents gross income.  Gross income is the full paycheck without deductions for taxes and insurance.   The child support calculator adds together the parents income to determine the family income, then determines what percentage each parent contributes.

For example, if the Husband makes $3,000.00 per month and the wife makes $6,000.00 per month, the family income would be $9,000.00.    Wife would make 2/3rds of the family income and Husband would earn 1/3rd of the family income.  The Georgia legislature determines how much a family should spend on a child based on the family income.   A family that makes $9,000.00 is presumed to spend $1,150.00 per month on one child.   If Wife gets primary custody, then Husband would pay 1/3rd of this amount, or $383.00, per month as child support.  If Husband gets primary custody, then Wife would pay 2/3rds of this amount, or $767.00.

The calculator has a great deal of flexibility based on numerous factors.  It is recommended that you consult a family law practitioner to make sure the child support is accurate.  The most important deviation  used by the Court is for daycare expenses and after school expenses.  In our proposal above, if afterschool costs $80.00 a week, there would be an additional cost of $344.00.  This cost would be split based on the same ratio.  Husband would pay 1/3rd of the daycare in addition to the basic child support, and Wife would pay 2/3rds.

You can access the child support calculator here.  Georgia Child Support Calculator

Please visit my website at tomtierneylaw.com

Please call if you need legal representation to Thomas F. Tierney at (770) 631-1100 or e-mail at tierneylawyer@yahoo.com   Thomas F. Tierney is an attorney who represents clients in south metro Atlanta, including Fayette County, Coweta County, Peachtree City, Tyrone, Fayetteville, and Newnan Georgia.

The Financial Affidavit in a Georgia Divorce

The financial affidavit is the most important document in any divorce case.   Judges rely on the financial affidavit to get a snapshot of the situation, from how old the parties are, how long have they been married, what assets do they have, what debts, and most importantly, what income do the parties have.    Often during emotional testimony at trial you will notice a judge listening with one ear while reviewing the financial affidavits and using his calculator to determine what's fair.   While the Court does care about your testimony,  at the end of the day financial issues are the Court's primary concern.

In my opinion the most important aspects of a good financial affidavit are that they are complete, detailed and accurate.  A good divorce attorney will take considerable time with their client drafting and revising a financial affidavit.   I am always concerned when an lawyer just presents an affidavit filled out by their client without the lawyer's review.

There is a temptation to embellish on a financial affidavit.   For a spouse seeking child support and alimony there is a temptation to overstate needs; for a spouse paying child support and alimony there is a temptation to understate income.   A good lawyer will cross examine you if you put "whoppers" on your affidavit and make you look silly.   For example, if you claim a $500.00 per month need for vacations, or exorbitant needs for pet care, a judge may think you are either a liar or unable to control your spending.   It is more effective to put ALL of your expenses on the affidavit than exaggerate any one expense.

The best way as a client to begin filling out a financial affidavit is to take real numbers from your checking account statement to determine what you spend on food, utilities, etc...    Then when the opposing attorney asks: "Do you really spend $600.00 per month on FOOD!!"  you can respond by stating  "Do  you want to see my bank statement?   That's where the figure came from!!"

Please visit my website at tomtierneylaw.com

Please call if you need legal representation to Thomas F. Tierney at (770) 631-1100 or e-mail at tierneylawyer@yahoo.com   Thomas F. Tierney is an attorney who represents clients in south metro Atlanta, including Fayette County, Coweta County, Peachtree City, Tyrone, Fayetteville, and Newnan Georgia.

Property Division in Divorce

Perhaps the most important and least understood aspect of divorce law in Georgia is how property is to be divided. Georgia is an equitable division state, which means that property is divided "equitably" or "fairly". Other states, such as California, are "community property" states, which means that in a divorce all property is divided equally, regardless of fault or factors concerning the nature of the assets. When you are divorcing in Georgia, the first issue is what is marital property. Generally, all property earned during the marriage is marital property to be divided. Property you owned before marriage or property you inherited is "separate property", which is as a matter of law awarded to the person who brought it into the marriage or who inherited the money. So, for example, if you owned a house prior to marriage and get divorced, you will get ownership of the house. However, if during the marriage the mortgage is paid off due to marital efforts, then the equity increase would be a marital asset to be divided. Often a property may be part marital, part separate. For example, if you had a 401k prior to marriage, then add to the 401k during the marriage, the part of the 401k contributed during the marriage would be divided, plus a share of any increase due to market forces. It is important to retain a lawyer to make sure that your property rights are protected, especially in regard to pensions and retirement accounts. A legal document known as a QDRO (Qualified Domestic Relations Order) will divide marital assets without tax consequences, separating the asset into accounts in each parties' name.

Please visit my website at tomtierneylaw.com

Please call if you need legal representation to Thomas F. Tierney at (770) 631-1100 or e-mail at tierneylawyer@yahoo.com  

Bankruptcy and Taxes

Most people believe that bankruptcy does not help with past due tax problems with the IRS or Georgia.   If a past due tax is old enough, generally speaking 3 years after the filing of the taxes, you can discharge the personal income tax in Chapter 7 bankruptcy.  If you own a company that owes sales or payroll taxes, a Chapter 11 bankruptcy filing can help your company to survive while you make payments.  If you do not file bankruptcy, the IRS or the Georgia Department of Revenue can shut down your business.  If this happens, they may seek payment of these taxes from the owner.   Trust violations, like failing to send payroll deductions or sales tax receipts, are not dischargable in bankruptcy.   Again, if not addressed by bankruptcy or payment plan, the IRS and Georgia will shut your business down.

I offer advice and experience in helping clients figure out the best way to solve serious tax problems.  The range of solutions is from negotiating a payment plan, to making an Offer in Compromise, to filing a Chapter 7 or Chapter 11 bankruptcy.   Regardless, do not ignore the tax authorities.   The people who work for the IRS and Georgia Department of Revenue are simply trying to do their job.   Having a professional take charge of this process makes their job easier and will provide the best result for you and the government.


Please visit my website at tomtierneylaw.com

Please call if you need legal representation to Thomas F. Tierney at (770) 631-1100 or e-mail at tierneylawyer@yahoo.com