At Stearns-Montgomery & Proctor, we believe in helping our clients protect their families and assets. In the more than 30 years that Founding Partner Mary Montgomery has been practicing family law, she has realized many couples considering divorce have not thought through the process. When we at SM&P meet someone who wants a divorce, we want to make sure they are ready for the complex divorce process as well as its aftermath. Are they positive divorce is the solution for them?

Under Georgia law, parents can be held liable for their children’s actions under several circumstances. The state’s parental liability laws appear in Sections 51-2-2 and 51-2-3 of the Georgia Code. The main parental responsibility provision appears in Section 51-2-2:

In child custody cases, the Georgia court generally supports the idea that it is in the child’s best interests to have both parents play an active and engaged role in the child’s life. Unfortunately, factors often exist that make this a problem. The threat of family violence, abuse, or neglect may require the need for supervised visitation to avoid putting the child at risk. The court may order the parent in question to obtain counseling, as well as to abstain from using alcohol. Alcohol screening tests can help ensure the person is in compliance with the court order, while also ensuring the safety of the child during these visits.

Most divorces do not go to trial. Although a divorce is a formal legal proceeding that involves the family court system, most spouses are able to settle their differences in private negotiation sessions or through alternative dispute resolution (ADR).