07.11.2025

Family Law: A Complete Guide (Divorce, Alimony, Property Division) and the Role of a Qualified Attorney

Family disputes are one of the most complex legal processes in Georgia. Divorce, division of property, alimony, child custody—do you know your rights and the steps required to avoid financial damage? Discover how a qualified family law attorney can help you navigate the process calmly and justly.

Divorce, property division, and alimony are not just legal matters. They are always accompanied by emotions, family changes, and significant responsibilities. At such times, the right legal assistance provides not only legal guidance but also human support.

 

What is Family Law?

 

Family law governs issues such as: marriage, personal and property relations between spouses, termination of marriage (divorce), annulment, the legal basis for a child's parentage, adoption, guardianship and custody, the duty of mutual support among family members, adoption of orphans and children deprived of parental care, family relations involving foreign citizens, and more.

 

Divorce (Termination of Marriage)

 

Under Georgian law, a divorce can be obtained in two ways:

* Divorce by Agreement (at the Public Service Hall): This is a simple procedure, possible only if the spouses have no disputes regarding property division, the minor child's residence, or alimony.

* Divorce through Court: If the parties cannot agree on the aforementioned issues, or if one party avoids the divorce, the dispute is transferred to the court. This is precisely where an attorney's role becomes decisive in protecting your position.

 

Division of Marital Property

 

This is one of the most contentious issues. According to the law, property acquired by spouses during the marriage is considered their joint property, regardless of whose name it is registered under.

* What is considered joint property? Real estate, movable property (e.g., vehicles), bank accounts, and business shares.

* What is not considered joint property? Property owned before the marriage, or property received as a gift or inheritance.

 

Alimony (Child or Spousal Support)

 

Alimony (or support) refers to the financial payments one parent is obligated to make for the maintenance of a minor child.

* Child Support: Parents are obligated to support their children. In a divorce, the court determines the amount of alimony based on the child's needs and the financial situation of each parent.

* Spousal Support: In rare cases, the law provides for one spouse to pay support to the other (e.g., for a spouse who is unable to work or is caring for a child).

 

Determining Child's Residence and Parental Rights

 

The most painful issue in a divorce is often determining the child's place of residence and the visitation schedule with the other parent.
The court acts primarily in the best interests of the child. It assesses the parents' living conditions, the child's emotional attachments, and, from the age of 10, the child's own opinion.

 

Marital Agreement (Prenuptial/Postnuptial)

 

This is a civilized way to prevent future property disputes. A marital agreement can be concluded either before or during the marriage. It regulates how property will be divided in the event of a divorce.

 

Why is a Family Law Attorney Necessary?

 

Many people try to resolve family disputes without an attorney, which is often a mistake. Due to the emotional background, parties cannot assess the situation objectively.
A qualified attorney:

* Will act with a clear head: They are your rational representative, shielded from your emotions.

* Knows the nuances of the law: Family law is full of details, and ignorance of them can lose a case.

* Will develop a strategy: Helping you gather evidence correctly and present it in court.

* Will save you time and money: Professional involvement reduces the risk of a protracted process and protects you from more costly mistakes in the future.

* Will fight for a settlement: Often, the best solution is a settlement outside of court. An attorney ensures that this settlement aligns with your interests.

A family dispute is a difficult situation, but with the right legal help, it can become the beginning of your new life.