Untitled Deck Flashcards
Who can get married in Georgia?
Both parties must be able to consent and have no legal impediments, including being of minimum age (18 in Georgia), not too closely related, having the capacity to consent, and not currently married to someone else.
What is the standard process for getting married?
There are generally two steps to a valid ceremonial marriage: obtaining a license and solemnization.
What is required for a common law marriage in Georgia?
Common law marriages were abolished in Georgia beginning January 1, 1977. For a valid common law marriage entered into before this date, a couple must show that both parties consented to being married, lived together, and held themselves out publicly as a married couple.
What is required for an enforceable premarital contract?
It must be in writing and signed by both parties in the presence of at least two witnesses, one of whom must be a notary public. The agreement must meet the Scherer test.
What are some grounds for annulment of a marriage?
Grounds include bigamy or polygamy (void), consanguinity (void), nonage (voidable), incurable physical impotence (voidable), lack of capacity (voidable), duress (voidable), and fraud involving the essentials of marriage (voidable).
Where is an action for divorce proper?
Jurisdiction is proper if a party is a bona fide resident of the state, meaning domiciled in Georgia for at least six months before filing.
What are the grounds for a no-fault divorce in Georgia?
The marriage is irretrievably broken with no possibility of reconciliation, and a 30-day waiting period has passed between service on the defendant and granting of divorce.
What are the fault grounds for divorce?
Grounds include cruel treatment, habitual intoxication or drug addiction, adultery, desertion for one year or longer, mental incapacity, incurable mental illness, conviction of an offense involving moral turpitude, incest, impotency at marriage, fraud, and pregnancy of the wife by another man at the time of marriage.
What are the defenses to fault-based divorce?
Defenses include collusion, connivance, condonation, and recrimination.
How is property divided upon divorce in Georgia?
Georgia follows the equitable division of marital property approach, where each spouse keeps their separate property and the court divides property acquired during the marriage.
How do courts classify property?
Property is classified into separate property (owned before marriage, acquired through gift or inheritance, etc.) and marital property (acquired during the marriage, earnings, etc.).
How can separate property become marital property?
Separate property can become marital property through commingling or transmutation.
What factors do courts consider in dividing property?
Factors include the age, education, and earning capacities of both parties, the duration of the marriage, the standard of living, present incomes, health, and contributions to marital assets.
What are some types of spousal support?
Types include permanent periodic spousal support, rehabilitative spousal support, lump sum payment, and reimbursement spousal support.
What factors might a court consider in awarding spousal support?
Factors include the duration of the marriage, standard of living, age and condition of the parties, financial resources, and marital fault.
When can spousal support be modified or terminated?
Periodic spousal support may be modified upon a substantial change in circumstances. Lump sum and reimbursement support are not modifiable.
How is child support awarded?
Both parents have a duty to support their child based on their ability to pay and the child’s needs, using an income shares model.
Which courts have jurisdiction to award, enforce, or modify child support?
The original jurisdiction is where the first petition is filed. All states can enforce child support awards.
When can child support awards be modified?
Modifications can occur due to a substantial change of circumstances affecting the child’s needs or the parent’s ability to pay.
How are child support awards enforced?
Enforcement can include the Child Support Recovery Act, registration of orders, and sanctions for non-compliance.
When does the obligation to support end?
Obligation ends when the child reaches 18, if unmarried and still in high school until age 20, upon death, emancipation, or termination of parental rights.
What court has jurisdiction to hear a custody case?
The initial jurisdiction is typically in the child’s home state, where the child lived for at least six consecutive months before the proceeding.
What court has jurisdiction to modify custody?
The issuing court has continuing exclusive jurisdiction unless no child or parent resides in the issuing state.
How is custody determined?
Custody is determined based on the best interests of the child, considering both legal and physical custody.
What about visitation rights?
If one parent has custody, the other almost always gets visitation. Absolute denial of visitation is rare.
How is parentage established?
A child is presumed to be the lawful child of their mother. The father can be established through marriage, acknowledgment, or court order.
What are the steps of an adoption?
The first step is termination of the biological parents’ rights, and consent of the biological parents is generally required.
What establishes a father as the biological parent?
The father holds the child out as his biological child.
What is required for a father to be named on the birth certificate?
The father consents to be named on the birth certificate.
What indicates that a father has accepted his role?
The father has acknowledged paternity.
What legal document can establish paternity?
There is a court order establishing paternity.
Who can bring a paternity suit?
A paternity suit may be brought by the child’s mother, the child, presumed father, or the Department of Human Services.
What is the standard of proof in paternity cases?
The standard of proof is ‘clear and convincing evidence.’
What is the first step in the adoption process?
The first step is termination of the biological parents’ rights.
Is consent from biological parents required for adoption?
Consent of the child’s biological parents generally is required.
How long do parents have to revoke the surrender of parental rights?
Parents who surrender parental rights have the right to revoke the surrender within 4 days.
When is consent not required for adoption?
Consent is not required if parental rights are terminated in another proceeding (such as for neglect, abuse, failure to support without justifiable cause, or unfitness).
What can happen if consent is unreasonably withheld?
Consent may be waived if the court determines that it is being unreasonably withheld against the best interest of the child (including if the child has been abandoned).
When may consent from the father of a nonmarital child not be required?
Consent of the father of a nonmarital child may not be required if he hasn’t established a relationship with the child.
What is the second step in the adoption process?
The second step is creation of a new legal parent-child relationship.
