A divorce can be stressful. If you are a man, it might be especially disorienting to expose your financial and personal life to strangers.
Divorce for men in Fulton County does not have to mean letting other people make decisions about your private business. Working with a skilled divorce attorney can help you understand what you need to accomplish, allay some of your fears, and reach your goals in the divorce.
Men are often concerned that they will not have sufficient time with their children after a divorce. They also sometimes worry that their influence over their children’s upbringing will wane when they are no longer living with them full-time.
The amount of time you spend with your children and how much say you have in parental decision-making is largely up to you. The Official Code of Georgia §19-9-3 explicitly directs that judges may not favor mothers over fathers in decisions relating to physical or legal custody. The law recognizes that children do best when both parents are involved in their lives, and parents may share custody in whatever way works best for them.
Parents must create a parenting plan describing how they will share time with the children and decision-making authority. When parents cannot agree on these matters, a judge will recommend the couple try family mediation. Working together with your spouse to come to a workable arrangement regarding the children gives you more control over the outcome than you have if the judge must decide. A Fulton County men’s divorce attorney can help craft a parenting plan that meets all of the legal requirements.
Sometimes, a bitter spouse will try to prevent a father from having significant contact with their children or influence over decision-making. When no factual evidence supports an allegation that a father is unfit, these attempts usually fail. However, the situation is complicated if there is a history of substance abuse, criminal activity in the home, child abuse or neglect, or domestic violence.
Judges must make decisions based on the children’s best interests. When a documented history of behavior could endanger the children, a judge may limit contact. For example, a judge could ban overnight visits or order that another responsible adult be present when you spend time with the children.
A skilled men’s divorce attorney can present a Fulton County judge with evidence that any past problems are behind you. They could highlight the time that has passed since the problem and the steps you have taken to correct the issue. Substance abuse or mental health treatment, anger management or parenting classes, compliance with probation, or similar measures demonstrate that you take responsibility for past mistakes and are committed to a healthier way of managing stress and conflict.
The law requires an equitable distribution of a couple’s marital property when they divorce. The marital property includes everything you or your spouse acquired separately or as a couple during your marriage. The exceptions are inheritances and gifts to one of you from a third party.
If you have been the primary breadwinner, a fair portion of the money you earned and the property you bought may go to your spouse. The primary custodian of your minor children may be more likely to receive the family home in a divorce settlement for the sake of limiting disruption for the children.
However, a court will not approve a divorce settlement that impoverishes you while providing your spouse with a comfortable lifestyle. Fulton County family law judges consider multiple factors when dividing property, and a skilled men’s divorce attorney will highlight why your share of the marital property should be at least 50 percent. You can have more control over the property settlement by negotiating it directly with your spouse, through your legal representative, or in mediation.
At one time, certain aspects of divorce laws seemed to favor women. In Georgia, child custody, property division, and alimony laws are now explicitly gender-neutral.
Our skilled legal professionals are familiar with the challenges and uncertainties of divorce for men in Fulton County. Reach out today to discuss your situation with a member of our team.