“The order of business” is an important concept to understand when approaching divorce in Georgia. During this process, spouses have many things to worry about, including child custody, property division, alimony, and child support. So, which of these issues do you tackle first? How do courts determine which decisions to make before others? This is something you might want to raise with your Georgia divorce lawyer.
Understanding the “P.E.A.C.E.” Acronym in Georgia Divorces
Family courts in Georgia generally follow the “P.E.A.C.E.” acronym when determining the order of proceedings in divorce. This acronym stands for:
- Parental issues
- Equitable distribution
- Alimony
- Child custody
- Everything else
Based on this “order of business,” parental issues like child custody go first. Equitable distribution (Georgia’s property division system) happens next.
Why Does Child Custody Go Before Property Division?
According to family courts in Georgia, child custody is the most important issue when it comes to divorce. As a result, they put the best interests of the children above the needs and desires of the parents.
From an ethical standpoint, this approach makes sense. After all, children did not choose the divorce, and they are forced to deal with its consequences. Children are also incapable of advocating for themselves during this legal process, making them the most vulnerable parties.
However, this order of proceedings also makes sense from a logical standpoint. This is because child custody can affect property division, and the outcome of equitable distribution may depend on what happens during child custody.
How Does Child Custody Affect Property Division in Georgia?
Child custody mainly affects the fate of the family home. In the eyes of the family court, it makes sense to keep the children in this family home if at all possible. The psychological trauma of a divorce is difficult enough for children. Tearing them away from their family home can be even more stressful.
This means that the parent who gains primary custody is also more likely to stay in the family home. In other words, a positive child custody result can lead to a positive property division outcome. This highlights the importance of approaching child custody in an effective manner.
That being said, a parent who wins primary custody does not “automatically” remain in the family home. It may make sense to sell the family home in order to ensure an equitable division of property. A parent may only remain in the family home if it makes economic sense to maintain the property without selling it.
Can a Georgia Divorce Lawyer Help Me?
If you have questions about the order of proceedings in divorce, you might want to speak with an experienced family law attorney in Georgia. While the “P.E.A.C.E.” acronym generally holds true, each family is different, and each has different circumstances to consider. For example, dealing with child custody is not necessary for spouses without children. To learn more about the next steps, contact Lankford & Moore Law today.
