Divorce for Men in Forsyth County

The perception persists among men that women have the advantage in divorce proceedings. That is no longer true. Inequities in the law that favored mothers in child custody proceedings and entitled them to keep the family home while collecting significant alimony have changed.

The law now treats mothers and fathers the same in divorce proceedings. Even so, it is important for you to establish your ability and willingness to be an active participant in your children’s lives. Alimony is no longer mandatory and almost always temporary, and it could be possible to avoid paying any spousal support after the divorce.

Work with an attorney who frequently handles divorce for men in Forsyth County. Our team can help you meet your goals in the divorce and ensure you have the resources to create a fulfilling life going forward.

Custody Laws Are Gender-Neutral

The Official Code of Georgia §19-9-3 governs child custody decisions. The law states that neither the father nor the mother has preference in child custody decisions. Instead, the family court judge reviews all the relevant factors and makes the decision that is in the children’s best interests.

Physical custody means where the children live most of the time. Legal custody means who makes significant decisions for the children regarding issues like religion, education, and healthcare. Physical and legal custody can be shared between the parents or one parent might have sole physical or legal custody.

Family law supports joint physical and legal custody when it is practical and in the children’s best interests. A judge would consider factors like whether the parents communicate effectively, the distance between the parents’ homes, each parent’s work schedule, and similar issues when deciding whether to grant joint custody. A legal professional could demonstrate to a Forsyth County family judge that the father is well-prepared and capable of having joint custody if that is what the father wants.

Property Division Must Be Equitable

Couples must divide their marital property when they divorce. Any property either spouse acquires after the marriage counts as marital property, regardless of whose money purchased it or whose name is on the title. Inheritances and gifts to one spouse from a third party do not count as marital property.

Forsyth County uses the equitable distribution method of dividing marital property during a divorce. That means a division need not be equal, but the spouses should have a substantially similar standard of living after the divorce. Courts consider the following factors, among others, when deciding property division:

  • Age and health of each spouse;
  • Each spouse’s financial contributions to their shared household;
  • Each spouse’s non-economic contributions;
  • Whether one spouse supported or contributed to the education and training of the other spouse;
  • Both spouses’ conduct during the marriage, including whether either wasted marital assets;
  • The value of the separate property each spouse takes from the marriage
  • Each spouse’s education, skills, work history, and ability to support themselves.

Neither spouse has a right to the family home, but when one spouse has primary physical custody judges often prefer to award that spouse the family home to minimize disruption for the children.

Many couples consider property division issues before they marry and create prenuptial agreements. Married couples sometimes address property division in post-nuptial agreements. A judge would honor any division a couple agreed to as long as it is not shockingly one-sided.

How the Law Handles Alimony

Judges recognize that both spouses often work and contribute financially to the household and that many women have the skills and training to pursue a career and be self-supporting. A spouse who wants alimony must ask for it.

A family court judge could award alimony when one spouse can demonstrate a need for ongoing financial support and show that the other spouse can afford to pay it. Alimony is usually for a set term—enough time for the receiving spouse to become self-supporting.

Negotiated Settlements Are Beneficial for All Parties

Even when couples are hostile and in conflict, trying to negotiate a settlement before a trial is wise. When couples make the decisions regarding the children, property division, and spousal support, the resulting agreement is likely to be fairer and more workable.

Forsyth County’s divorce process requires couples to attend periodic status conferences where a judicial officer might help a couple resolve outstanding issues. When a trial date is approaching and the couple has still not settled, the judicial officer could send them to mediation. If direct negotiations between the spouses fail, their attorneys could negotiate an acceptable settlement on the spouses’ behalf.

Contact a Forsyth County Men’s Divorce Attorney With Your Questions

Divorce is not easy, but it need not be more difficult because you are a man. The law does not discriminate based on gender, and a skilled divorce attorney can help you achieve your goals.

Consult our team of legal professionals about divorce for men in Forsyth County. Call today.

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