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But his/my name is on the birth certificate...

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One issue that comes up frequently regarding custody issues from unwed parents - whether a father asking what his rights are, or a mother asking about her responsibilities to the father - is that, though the father hasn't legitimated the child, "his name is on the birth certificate." People often - mistakenly - believe that this means the father is the father for all purposes in the eyes of the law. 

I understand this confusion - you've got one of the most official documents in a person's life, issued by the state, naming the father of the child. It seems like this would be the state's recognition that the father is in fact the father. But it's not. 

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Will I pay or receive alimony?

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Alimony is only awarded in a divorce or legal separation. Most often, alimony awards are part of a divorce decree. Whether a person will be awarded alimony or not depends on a long list of factors, but most importantly:

  • The length of the marriage
  • How much income each person will or should be able to earn after the divorce
  • What assets each party will have after the divorce. 

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Do I need an estate plan?

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In short - yes. Some people think an estate plan means an intricate series of intricate trusts and closely held corporations used for tax avoidance. While that can be part of an estate plan, that's not what most people need - if you and your spouse's total assets are worth less than $10.9 (2016) million, you won't need anything like that to avoid paying estate taxes. 

For most people, an estate plan consists of 3 documents - a will, a financial power of attorney, and an advance directive. 

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How much child support will I pay or receive?

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In Georgia, there's no simple answer to this - it's not a set amount per child, or a percentage of the payor's income. Instead, a base child support amount is calculated by a very complex formula and then altered as needed based on other circumstances. To calculate that base amount:

  • We look at how much both of the parents make, combined.

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How long will my divorce take?

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The biggest factor - by far - for how long your divorce will take is whether the divorce is contested or uncontested.

If you and your soon-to-be ex can reach an agreement on how everything will be divided, how custody and visitation will go for any children, and the amount of any child support or alimony, an attorney can memorialize your agreement into a legally binding form within one to two weeks. 

If you can't reach an agreement, the process naturally takes much longer.