Dalton Family Attorneys

Family Law Cases in Whitfield County

At Perrotta, Lamb & Johnson, LLC, we have nearly 100 years of combined experience helping individuals and families throughout Georgia and the South navigate an array of complex legal matters. Our Dalton family lawyers have an in-depth understanding of the state’s divorce, child custody, child support, and other family laws. We can help you face any legal family challenge, all while protecting your rights and the best interests of your family.

We understand that this is likely one of the most difficult times in your life. After all, your family is changing, and that can be incredibly stressful. Our goal is to help you through whatever issue you are facing and ensure that you come out the other side with a foundation for a better, happier future. 

If you need help with a family law issue in Dalton or anywhere in Whitfield County, contact Perrotta, Lamb & Johnson, LLC at (770) 637-7603 and set up a confidential consultation today.

What Is “No-Fault” Divorce? 

Like every other state, Georgia is a no-fault divorce state. This means that you do not have to prove that your spouse was to blame for the breakdown of your marriage in order to file for divorce. Instead, you may simply cite “irreconcilable differences,” meaning you and your spouse cannot feasibly get along or reconcile in the future. No-fault divorce also means that the court will not consider either spouse’s behavior when deciding whether to grant a divorce. 

Although “irreconcilable differences” is the most common reason cited for divorce in Georgia, it is not the only one. Others include: 

• Cruelty
• Adultery 
• Abandonment 
• Habitual intoxication 
• Mental incapacity or insanity 
• Irretrievable breakdown of the marriage

To file for divorce in Georgia, at least one spouse must have lived in the state for at least six months before filing the divorce action. Once the court grants a divorce decree, it typically goes into effect immediately, except when the cause of divorce is cited as “irretrievable breakdown of the marriage.” When this is the case, the court may not grant the divorce until 30 days after service on the respondent. 

Even when there is a legal justification for divorce based on one spouse’s fault, no-fault divorces are nearly always much faster than fault-based divorces. This is because, in fault-based divorces, the spouse who wishes to prove the fault of the other must prove the various facts involved in justifying the divorce on legal grounds. With a no-fault divorce, however, the divorcing spouse need only prove that there is substantial incompatibility between the couple. 

What Are the Different Types of Child Custody in Georgia? 

There are several different types of child custody arrangements that may be awarded by the Georgia family court. 

First, the two main types of child custody in Georgia are: 

• Physical Custody: Physical custody refers to which parent the child lives with and where they spend most of their time.
• Legal Custody: Legal custody refers to each parent’s right to make various decisions regarding the child’s education, activities, healthcare, and upbringing.

Additionally, Georgia has two types of custody arrangements: 

• Joint Custody: Both parents are granted equal rights regarding the child  
• Sole Custody: One parent is granted primary rights regarding the child

When determining whether to award joint or sole custody, the court will always evaluate what it deems the “best interests of the child.” Many factors are used to determine a joint or sole physical or legal custody arrangement, including the ability of each parent to care for and provide for the child, the child’s existing relationship with each parent, and much more. Once a child turns 14, their wishes regarding where they want to live and which parent they wish to spend time with may even be taken into account.

Most often, the court will award joint custody. Contrary to popular belief, the state does not automatically favor mothers in child custody cases. Additionally, when one parent is granted primary physical custody, the other will often be awarded visitation rights. 

At Perrotta, Lamb & Johnson, LLC, we can help you navigate this challenging and sensitive situation. Our Dalton family law attorneys understand the importance of protecting your parental rights, as well as the best interests of your child. We have earned a particular reputation for protecting the rights of fathers throughout Georgia and the South. No matter your current situation, we encourage you to reach out to our team to learn how we can help.