Divorce, for many, can be one of the most life changing, emotional experiences they will encounter. Rely on us to provide you with the expert legal advice to resolve your issues in a timely, cost effective manner.
Types of Divorce
Uncontested divorce: This option is for parties that have previously agreed to property division, child custody, and child support issues prior to seeking the advice of counsel. They are simply seeking attorney advice to express the parties’ wishes via legal form.
Contested Divorces: The parties’ disagree on one or more major issues. These cases may go through a variety steps until they reach conclusion including: the discovery process, temporary hearings, mediation, and final hearing. Please note every case is unique.
Issues Typically Addressed
Alimony: The court will determine whether alimony should be paid from one party to the other based on a variety of factors including length of the marriage, income levels of each party, and behaviors of each party leading up the divorce action.
Martial Property: The State of Georgia typically recognizes the division of property acquired during the marriage know as martial property. Examples of typical property divided during divorce proceedings include real property, retirement benefits, and funds found in banking accounts.
Courts will determine the distribution of martial assets based on the following factors.
- Separate assets and the financial standing of each spouse.
- The earning potential and annual income of each spouse.
- The behavior of the spouses during the marriage.
- The use of martial assets by each spouse.
- Each parties’ debts.
- Specific future needs of the spouse such as retirement and medical needs.
- Debts amassed by each spouse.
Separate property: Property acquired prior to marriage and gift/ inheritance held solely in the name of the receiving spouse.
Child Custody: The physical and legal custody of minor children born via the marriage must be determined. For more information on child custody please click here.
Child Support: The financial support of the minor children born via the marriage must be determined. For more information on child support please click here.
Prenuptial and Postnuptial Agreements
Some couples decide to enter into an agreement before or after they get married outlining how assets and debts are to be divided in the case of divorce. Unlike other family law, usually everyone agrees when forming these agreements.
Instead of getting a divorce some parties try a separation period. A petition for separate maintenance notifies the court that a person doesn’t want a divorce yet but wants to be legally separated and outlines the terms of that separation.