FAQ

To prepare for a custody hearing, gather evidence that supports your case, such as documentation of your involvement in your child's life, character references, and any relevant communication with the other parent. Being organized and having a clear understanding of your goals can also help.

Property division in a divorce typically involves categorizing assets as either marital or separate property. Courts generally aim for an equitable distribution, which may not always mean equal, depending on factors like each spouse's contributions and needs.

No. A common misconception about alimony is that it is automatically awarded in every divorce, or that it lasts indefinitely. In reality, alimony is determined based on various factors, including the length of the marriage, the financial situation of both parties, and state laws.

Even a misdemeanor conviction can leave a permanent mark on your record that affects background checks, housing applications, and future employment opportunities down the road. Talking to a lawyer provides a clearer sense of what is actually at stake and helps you avoid long-term mistakes.

It depends entirely on the facts, the evidence, and how the arrest and investigation were handled by law enforcement. We will never promise a particular result before reviewing your case, but we will give you an honest, straightforward read on your options once we look at the details.

This is a very common situation, and it does not mean your case is decided. We review exactly what was said during the interview and look for ways to address it or limit its impact as part of your overall defense strategy.

You have a constitutional right to remain silent, and it is almost always in your best interest to exercise it. Politely inform the officers that you wish to have an attorney present before answering any questions. Speaking to investigators without legal counsel rarely helps your situation, even if you are entirely innocent.

A written agreement is not always legally required, but it is often very helpful. It clarifies expectations about money, housing, and parenting while you live apart. Many clients choose an agreement so they have structure now and a clear starting point if they later file for divorce.

A Georgia court often looks at your existing agreement when deciding property, support, and parenting issues in a divorce. Clear and reasonable terms may be adopted into final orders. Problematic or incomplete terms may be adjusted. We help you draft with that future step in mind.

Timeframes vary based on how many issues must be resolved and how close you and your spouse already are to agreement. Some matters resolve in a few weeks, while others take longer. During your consultation, we can discuss the likely pace for your situation and ways to keep it moving.

While the law does not require you to have a lawyer, paternity cases often carry long-term consequences for custody and support. We help parents understand their rights, avoid signing documents they later regret, and present their position clearly so the court can make informed decisions.

Timeframes vary based on court schedules, whether testing is needed, and how contested the issues are. Some matters resolve in a few months, while others take longer if multiple hearings are required. We discuss likely timing at the outset and update you as the case progresses.

If reliable testing shows you are not the biological father, that result can significantly affect the court’s decisions about paternity and support. The impact depends on what documents were previously signed and what orders already exist. We review your specific facts and explain your options.

Yes. Our family law practice includes custody, parenting time, and child support matters that often follow a paternity determination. We work with you to develop a plan that supports your child’s needs and reflects your role as a parent, then advocate for that plan in negotiations or court.

Georgia law considers both parents equally when making custody decisions. Final arrangements depend on several factors, including the best interests of the child and the specific circumstances of each parent.

If circumstances change, parents may request a modification. Judges consider requests to confirm that the changes will serve the child’s needs and reflect new realities in the family’s life.

Parents must legally establish paternity for a father to gain rights and responsibilities around visitation or custody in Georgia. Our attorneys can guide parents through this process within the framework of local family law.

Georgia courts may consider the wishes of a child aged 14 or older, and may also weigh the views of younger children in certain cases, but always focus on the child’s best interests first.

When a parent does not comply with a court order, the court can enforce existing arrangements. We discuss legal remedies that may protect your rights and your child’s welfare.

Georgia law allows grandparents to request visitation in certain circumstances, but it is not automatic. Courts generally look at the child’s best interests, the history of your relationship, and the reasons parents oppose contact. Our attorneys can review your situation and explain how these rules may apply to you.

Legal action can increase tension, but it is sometimes necessary to protect a child’s relationship or safety. We discuss the likely impact of each approach and often explore negotiation or mediation first. Our goal is to pursue your concerns while being mindful of long-term family relationships.

You should consider speaking with a lawyer as soon as you notice a serious reduction in contact or anticipate a major change, such as a divorce or relocation. Early advice can help you avoid missteps and prepare evidence. We use consultations to clarify your options before you take action.

In many situations, we can step in even if a case is already pending in a Chatham County court. We review existing filings and orders, talk with you about upcoming hearings or deadlines, and assess what additional evidence or arguments may be helpful. Timing and options depend on your specific case.

Fairness requires a clear picture of both parents’ finances and the children’s actual needs. Working with an attorney can help ensure that all relevant factors are accounted for, including informal financial dynamics that the state’s formula doesn’t capture. Child support paperwork is document-heavy, and errors in the calculator inputs can affect the final amount. An attorney also brings an objective perspective that can move negotiations toward an agreement genuinely focused on the children’s welfare while remaining realistic for both parents.

With over 200 years of combined experience, the attorneys at Johnson Kraeuter & Sanders LLC bring a thorough understanding of Georgia family law. Recognized through Super Lawyers and an AV Preeminent Rating by Martindale-Hubbell, we’re known as much for our compassionate approach as for our courtroom preparation. We take the time to listen, identify what your situation actually requires, and pursue an approach that reflects what’s fair for you and your child.

In Georgia, mediation is a voluntary process where a neutral mediator helps spouses discuss and resolve divorce issues. The mediator does not decide the outcome. You typically meet in several sessions, then submit any written agreement to the Superior Court for approval as part of your divorce.

Yes, it is usually wise to have your own attorney. The mediator cannot give legal advice. Our attorneys explain your rights, help you prepare, and review proposed terms so you understand the impact on property, support, and parenting before you sign anything.

If mediation does not resolve every issue, you can still use any partial agreements reached. Remaining disputes may go before a judge in the Superior Court of Chatham County. Our team can shift from negotiation support to courtroom advocacy if litigation becomes necessary.

The timeline varies based on how many issues you need to resolve and how ready both spouses are to negotiate. Some cases settle in a few sessions over several weeks, while others take longer. We discuss likely timing with you after reviewing your particular situation.

In mediation, parenting plans are built around your children’s schedules and needs. We help you focus on school routines, holidays, and communication. Any agreement must still meet Georgia’s best interest standard. Our goal is to support arrangements that provide stability and reduce conflict for your children.

While Georgia law does not require representation, working with an experienced attorney reduces mistakes and ensures your agreement meets state guidelines. Legal review can help prevent future disputes.

Yes, as long as both parents agree on legal and physical custody terms. Courts will review to make sure the arrangement serves the child’s best interests under Georgia law.

If disputes arise, your divorce may no longer be considered uncontested. You can continue to negotiate or explore mediation to resolve disagreements before proceeding.

Typically, uncontested divorces cost less since they require fewer court appearances and reduced legal work. Cooperative cases move faster and generally keep expenses lower.

Georgia law permits annulments under certain conditions, such as bigamy, mental incapacity, marriage under duress, underage marriage without parental consent, or fraud. Each circumstance must meet strict state criteria to be granted by the court.

Processing time can vary based on court schedules and the details of your case, typically ranging from a few weeks to several months. Clear documentation and prompt filings can help minimize delays.

While an annulment dissolves the marriage as if it never existed, courts in Savannah will still consider custody, support, and property division if minor children or shared assets are involved. Our attorneys advise you on these areas to ensure you are fully protected.

Yes, either party may file for annulment in Georgia if they have valid grounds. Each case is evaluated individually, and our team assists in preparing the strongest possible petition.

Annulments have more restrictive eligibility requirements than divorces. Our knowledge of local court practices and Georgia family law helps streamline the process and prevents common pitfalls.

At least one spouse must have resided in Georgia for six months or more to meet the residency requirement for filing for divorce in Georgia.

For fault divorces, the timeline changes depending on the case's complexity and can take anywhere between 6 months and a year to be finalized in Georgia.

The possibility of receiving alimony in a divorce depends on factors such as the length of the marriage, the financial situation of each party, and the conduct of all parties involved.

Typically, a divorce's average length of time to be final in Georgia is 45 to 60 days, with a mandatory 30-day waiting period after the petitioner files a Complaint.

Some tips to simplify the divorce process include keeping emotions in check, staying organized with paperwork, being open to compromise, and seeking legal assistance if needed.

Yes, Georgia allows same-sex couples to divorce using the same laws that apply to all married couples. The process follows the same legal framework as any other divorce.

Many same-sex divorces involve complex questions about parentage, pre-marriage property, or recognizing the legal rights of both parents. Legal adoption and property held before marriage require specific attention during your case.

Divorce filings are generally public record in Georgia, but specific sensitive information may be protected. We help you understand what aspects of your case remain confidential throughout the process.

Court decisions focus on the best interests of the child. In Georgia, issues like parentage and adoption are considered on a case-by-case basis for same-sex parents seeking custody.

Georgia courts divide marital property fairly and consider spousal support when appropriate for both spouses, regardless of gender or orientation.

Military divorce cases in Savannah often require careful attention to both Georgia law and federal regulations such as the USFSPA. The Chatham County Superior Court and other Savannah-area courts are familiar with factors unique to service members, including deployments and jurisdictional questions related to military assignments. Our team understands how these local and federal regulations overlap, and we guide families through the process with solutions tailored to Savannah’s legal landscape.

You may be able to file for divorce in Savannah if you or your spouse meets Georgia’s residency requirement, which typically means having lived in Georgia for at least six months. Cases involving a spouse who is deployed or living outside Georgia can be filed in Savannah when one spouse qualifies as a resident. Our team will help you assess eligibility and manage logistics, such as serving papers overseas or seeking court accommodations for military duties.

Not automatically. How military retirement and benefits are divided depends on both Georgia law and federal regulations, as well as your marriage’s length and overlap with military service. Some benefits, like pensions, may be divided with a specific court order, while others remain individual property. We help clients evaluate which benefits could be divided and why, striving to protect what matters most in every Savannah case.

Deployments can trigger temporary changes to custody or parenting plans. Savannah courts understand these realities and typically put safeguards in place that address both the service member’s and children’s needs, such as allowing for virtual visitation or ensuring a plan for resuming custody after deployment. We draft parenting plans that account for deployments and unexpected absences, so your family remains supported and connected.

We respect your need for privacy and take active steps to protect your reputation throughout the divorce process. Our team communicates discreetly, advises you on minimizing impacts to your service record, and ensures court filings are handled properly. Preserving your professional standing is a key part of our approach for every Savannah military divorce client.