Atlanta Divorce Law Group Answers Your Divorce Law Questions
Divorce Law
Q: What role does a Guardian ad Litem play in child custody cases?
A: Guardian ad Litem (GAL) is appointed to help the court decide what’s in a child’s best interest. They speak with the child, parents, and others involved in the child’s life to provide a neutral perspective. While their recommendations aren’t final, they carry weight in custody decisions. Their role is especially valuable in high-conflict cases where clarity about the child’s needs is essential.
Q: What if my spouse doesn’t want a divorce, but I do?
A: Divorce doesn’t require mutual consent—legally, one person’s decision is enough to move forward. You can’t be forced to stay in a marriage that you want out of. That said, the legal process may be more lengthy and tedious when one party refuses to cooperate to peacefully end the marriage; thus, a more formal proceeding becomes necessary to finalize the divorce.
Q: What is the difference between physical and legal custody of children in Georgia?
A: Physical custody determines where the child lives and the parenting time each parent has. Legal custody refers to the major decision-making for the child. For legal custody, the main areas of decision-making are: education, religion, travel, health and extracurricular activities. Both types of custody can be shared 50/50, but for legal custody, most judges require one parent to have final decision-making authority in case of disagreement. Often, for legal custody, parents divide final say over the specific areas to ensure a resolution if they disagree.
Q: What is the difference between contested and uncontested divorce in Georgia?
A: An uncontested divorce means both spouses are in agreement on all major issues—such as child custody and support, alimony and division of assets. A 
contested divorce means a more formal legal process is needed to help finalize arrangements in these areas. While contested divorces can take more time, they don’t have to be hostile. With strong legal advocacy, couples can still navigate the process amicably and work toward a fair outcome for everyone involved.
Q: Is there any way to protect my assets in the event of a divorce if I did not get a prenuptial agreement?
A: If you did not sign a prenuptial agreement prior to marriage, you do still have the ability to protect 
yourself. You can sign a postnuptial agreement that would outline the same issues, but it is finalized while the two parties are currently married.
Q: In a divorce in Georgia, will all marital assets be divided 50-50?
A: Not necessarily. Georgia follows “equitable division,” meaning marital assets—typically those acquired during the marriage—are divided fairly, not automatically 50-50. While a 50-50 split is often presumed fair, this can change if factors like financial abuse or other circumstances show it would be unfair. Courts consider what is equitable rather than equal, tailoring the division to the specific situation.
Q: What is financial infidelity?
A: Financial infidelity is the hiding of earnings, assets, spending or debt. We also find that many people think that financial infidelity is even worse than physical infidelity. The reasoning is that, here in the state of Georgia, it doesn’t matter if you knew about the debt or asset—anything acquired during the marriage (with very few exceptions) is considered marital and subject to division. So yes, that means you could end up paying for that hidden debt.
Atlanta Divorce Law Group
12735 Morris Road Ext., Bld. 200 Ste. 300, Alpharetta
770.874.0645, atlantadivorcelawgroup.com
