Key Points
- The structure of Family Courts drives the process for hearing and adjudicating cases.
- When a party initially files a domestic relations case in Superior Court (Georgia), the case shows the filing party as plaintiff and the opposing party is the defendant.
- The case is permanently assigned to the judge for the area where filing party lives. In Gwinnett County, there are at least 10 areas(districts).
- Jurisdictions have considerable latitude with their process. For some counties (like Gwinnett, Cobb, Fulton, etc.), parties are required to complete a class which provides information about post-separation parenting. In Gwinnett, it is called ‘Parenting Seminar’.
- The first step is the filing party (and/or their attorney) is to notify the opposing party about the legal action – usually done through a Process Server.
- Some jurisdictions, like Gwinnett County, have documents that are templates that can be used for filing (http://www.gwinnettcourts.com/superior/forms-and-documents)
- Once the opposing party has been notified, the Discovery process begins.
- With few standards regarding custody but a rigid formula for calculating child support, discovery can take months to complete as parties try to dig up dirt on each other in order to paint a more favorable picture.
- This is fueled by weak rules of evidence and the lack of constitutional rights that allows parties to make allegations with few/no facts.
- If a trial is required, it can take months/years to get to trial. Delays due to the unavailability of attorneys or new circumstances that require more time by the Court to hear the case.
- Because Courts view conflict as detrimental to children, Courts will favor one parent having the children most of the time even if the other parent is interested in more parenting time. –