Misc Family Law Topics

Annulments

In Georgia, an annulment is a judicial determination that the marriage in question is void or invalid from the date it occurred. O.C.G.A. § 19-4-1. In essence, an annulment invalidates a marriage such that, legally, it never existed. A marriage may only be annulled in Georgia under certain circumstances... (click to continue reading)

Separate Maintenance

Georgia law does not recognize the concept of "legal separation." However, for those in Georgia who wish to remain married but live separately and apart, there is a legal action called Separate Maintenance. Separate maintenance is a domestic relations action in Georgia that may be filed by either spouse. An action for separate maintenance is similar to a divorce action in that it results in the resolution of all the issues that would be settled in the event of divorce. However, separate maintenance is different from divorce in that, although the parties will be separated, the marriage is not completely dissolved. See Southward v. Southward, 265 Ga. 671 (1995)...(click to continue reading)

Marriage in GA

In Georgia, for two people to enter into a valid marriage, the following requirements must be met:

The parties must be able to contract;
An actual contract must be entered into; and
The marriage must be consummation according to law...(click to continue reading)

Common Law Marriage

As of January 1, 1997, common law marriage is no longer recognized in the state of Georgia. Pursuant to O.C.G.A. § 19-3-1.1, "No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state." Thus, no common law marriage entered into in the state of Georgia on or after January 1, 1997 will be recognized within the state. Only common law marriages entered into prior to this date still enjoy recognition... (click to continue reading)

Termination of Parental Rights

In Georgia, there are three main reasons why a father or mother's parental rights may be terminated:

1. The parent or parents' consent to the termination of rights in order to facilitate an adoption. O.C.G.A. § 15-11-94(b)(1) and 19-8-4, et seq.

2. A parent has wantonly and willfully failed to comply with an order obligating that parent to pay child support for a period of 12 months or longer. O.C.G.A. § 15-11-94(b)(2).

3. The parent or parents have abandoned the child, or the child was left in a circumstance that renders it impossible to determine the identity of the child's parent(s), and the parent(s) do not come forward to claim the child within three months from the time the child was found abandoned. O.C.G.A. § 15-11-94(b)(3)...(click to continue reading)

Child Deprivation Actions

In Georgia, where allegations of child abuse or neglect are levied against a parent or guardian, the Division of Family and Children Services (DFCS) may have the authority to take an allegedly deprived child into state custody. In order for DFCS to retain custody of the abused or deprived child, a child dependency action, formerly known as child deprivation actions, must be initiated ... (click to continue reading)

Property Issues: Conversion & Trover

Conversion may be generally defined as illegitimately depriving an owner of personal property without his or her consent. In Georgia, trover is the legal action that may be initiated by a property owner to recover converted property ... (click to continue reading)

Misc Family Law Topics