Divorce

If you are going through a divorce, you may be overwhelmed by the associated legal issues and potential consequences. While divorce is seldom easy, a Buckhead divorce lawyer may be able to help relieve some of your concerns.

There are many issues to consider when contemplating divorce. You may be wondering what will happen to your children, how your property will be divided, or if you should file for a fault or no-fault divorce. A qualified family attorney will help you understand the issues involved in a divorce and guide you through the process from start to finish.

Filing a No-Fault Divorce

Georgia allows no-fault divorces. In order to obtain a no-fault divorce, one spouse must simply assert that the parties no longer get along and do not wish to be married anymore. A no-fault divorce does not require any wrongdoing by either party. A no-fault divorce is often less contentious and less time-consuming than a fault divorce since wrongdoing by one spouse does not have to be proven.

However, acts of wrongdoing by one or both spouses can be factored into a divorce filing. These include adultery, prison confinement, abandonment, and infliction of emotional or physical pain. A spouse’s wrongdoing can inform decisions related to certain aspects of the divorce process, such as dividing marital property, spousal maintenance, and child custody.

Division of Property

Georgia is an equitable distribution state. This means that a judge will decide what is equitable when dividing property. The property is not necessarily divided equally between the parties but instead is divided in a manner that is determined to be fair.

A judge will consider several factors in deciding what is fair, including:

  • The earning ability of each spouse
  • The value of each spouse’s separate property
  • The amount each spouse contributed to the acquisition of marital property
  • The future financial needs of each party
  • The age and health of each spouse
  • Premarital and prenuptial agreements

Child Custody and Visitation

Child custody and visitation is often one of the most difficult issues to handle for someone going through a divorce. It can be difficult to imagine dividing time with your children, but a divorce attorney in Buckhead could help you understand the factors that a judge may look at when making decisions about child custody.

Child custody as an element of the divorce process incorporates both legal and physical custody. Legal custody refers to the right to make important decisions for the child, such as those related to religious upbringing, medical care, and education. Physical custody refers to who the child will live with on a day-to-day basis. A parent who does not have physical custody will usually be granted visitation, or parenting time, with the child.

Child Support and Spousal Support

Many people going through a divorce are concerned about how they will support themselves or their children after they are divorced. Fortunately, there are avenues available through which spouses may seek and receive financial support from their ex-partner under certain circumstances.

Child support is financial support that is ordered to be paid by a non-custodial parent to a custodial parent for the care of their child. The amount of child support a parent receives is determined by the income of both parents as well as the needs of the child.

If one spouse earns significantly more money than the other or will be unable to provide for themselves after a divorce, they may be entitled to spousal support. Spousal support may be awarded regardless of whether a marriage that ends in divorce produced children. A divorce lawyer in Buckhead may be able to advise potential clients on whether or not child or spousal support might be available in their case.

How a Buckhead Divorce Attorney Can Help

Divorce involves many complex issues, any or all of which can have a significant impact on your post-divorce future. When dealing with such important legal issues, it is often wise to have experienced legal assistance on your side. Contact a Buckhead divorce lawyer today to learn more about the issues you may face during your divorce, as well as how an attorney may help you pursue a positive outcome.

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Atlanta Divorce Law Group

Sara Khaki
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Alpharetta Office

Atlanta Divorce Law Group
3510 Old Milton Parkway,

Alpharetta GA 30005

Buckhead Office

Atlanta Divorce Law Group
3355 Lenox Road,
Suite 750

Atlanta GA 30326

By Appointment Only
Marietta Office

Atlanta Divorce Law Group
533 Johnson Ferry Rd
Suite D-450

Marietta GA 30068

By Appointment Only
Suwanee Office

Atlanta Divorce Law Group
593 Main St,
Suite B,

Suwanee GA 30024

By Appointment Only