Adairsville Family Law Attorneys

Divorce, Child Custody & Other Family Law Matters 

Navigating any legal family matter, whether it’s a contentious divorce or a child custody battle, can be incredibly stressful. Your family is changing, and you want to make sure your rights are protected. Because of this, it's a good idea to reach out to an experienced family law attorney who can provide the compassionate counsel and personal attention you need during this difficult time. 

At Perrotta, Lamb & Johnson, LLC, our Adairsville family lawyers help clients throughout Bartow County and the surrounding areas navigate all types of complex legal challenges. Whether you are filing for divorce, seeking a child support modification, or wish to grow your family through adoption, our firm is here to help. We offer highly personalized legal services, along with direct, one-on-one communication and support throughout the legal process. 

Learn how our attorneys can help you and your family; call (770) 637-7603 or contact us online to set up an initial consultation with a member of our team. Hablamos español.

Filing for Divorce in Bartow County

Like most states, Georgia is a “no-fault” state when it comes to filing for divorce. This means that you do not need to file for divorce on “fault” grounds; instead, you may cite “irreconcilable differences” when filing your divorce petition with the court. 

However, it is possible to file for divorce on fault grounds in Georgia. Some fault grounds include: 

• Adultery 
• Habitual intoxication
• Abandonment 

Although you do not need to cite fault grounds to file for divorce in Georgia, there are certain requirements you must meet. 

These include: 

• At least one spouse being a resident of the state in which the divorce petition is filed for at least six months 
• Completion of a 30-day waiting period after the divorce petition is filed before the divorce proceedings can continue 
• Both spouses suspending (i.e., stopping) “marital relations” with the intent to divorce 

This means that you and your spouse do not need to be legally separated for a set timeframe in order to file for divorce in Georgia. As long as you can prove that you have refrained from marital relations with the intention of divorcing, you may file for divorce.  

Does Georgia Favor Mothers in Child Custody Cases? 

Although there is a common misconception that courts favor the mother when it comes to awarding child custody, this is not the case. In Georgia, as in most other states, the court instead reviews what it deems the “best interests of the child” in child custody cases. 

This means that the court will weigh various factors when determining which parent will receive physical and/or legal custody of the child, such as: 

• The child’s relationship with each parent 
• Each parent’s home environment 
• Each parent’s physical and mental health 
• The physical, emotional, and financial ability of either parent to care for the child 
• Whether either parent has custody of the child’s siblings, half-siblings, or step-siblings, and the child’s relationship with those siblings 
• The level of cooperation and willingness of each parent to foster a relationship between the child and the other parent 
• Whether there is a history of substance abuse and/or domestic violence by either parent 
• Each parent’s familiarity with and ability to care for the child’s physical and mental health

This is not an exhaustive list; the court may weigh many additional factors when determining how to award child custody. Most often, the court will favor a joint custody arrangement, in which both parents are allowed relatively equal time with the child and share the ability to make decisions regarding the child’s education, healthcare, religion, and upbringing.