Divorce can be as challenging legally as it is emotionally. Compassionate and experienced legal counsel is essential.
The Marietta divorce lawyers at our firm devote their careers to helping people navigate difficult family law issues. Our attorneys will learn your goals for your divorce and work diligently to help you achieve them.
What is the Divorce Process in Marietta?
A divorce is initiated when one party files a petition with the court that sets out why they are seeking the termination of their marriage and outlines their desires for property division, custody, and other issues. The other party is then served with the complaint and a summons.
At this point, the spouse who received the petition has the opportunity to submit an answer indicates how they would like to see the issues settled. If this party fails to answer the petition, the court will assume they agree with everything in the petition. A local divorce attorney can help an individual file their petition.
In some cases, a couple can agree on all the legal issues involved in the divorce and submit a settlement agreement to the court. Mediation is a process that may help couples in reaching an agreement. If a couple cannot come to an agreement on these issues, though, the case will go to trial, where the judge will decide any unresolved issues.
The amount of time a divorce takes can vary greatly depending on the parties’ ability to agree on issues and the complexity of the issues involved. A well-versed Marietta divorce attorney may be able to guide potential clients through the process and help them achieve an optimal outcome for their situation.
What Issues Will a Divorce Address?
The purpose of divorce is to legally end a marriage. The divorce decree, however, must also address several issues that need to be resolved when dissolving the bonds of marriage. Some issues commonly addressed in a divorce decree include:
- Property division
- Child custody
- Visitation
- Child support
- Alimony
A Marietta attorney can help with these issues and more during divorce proceedings.
Deciding Custody and Related Issues
Resolving custody issues fairly is the priority of most parents getting a divorce. The law does not favor the mother or father in custody matters. Instead, Georgia family court judges consider the children’s best interests when making custody decisions.
A custody agreement must address legal custody, which is the authority to make decisions regarding healthcare, education, religion, and other significant issues on behalf of the children. It also must address physical custody, which is where the children live.
The law supports both parents having substantial time with the children and sharing legal custody. A judge will review any custody agreement the parents reach to ensure that it supports the children’s best interests.
Limiting a Parent’s Custody Rights
Sometimes a parent is concerned that their co-parent poses a danger to the children. A parent who wants to limit a co-parent’s legal or physical custody must present proof that the parent poses a risk. Any parent in this situation should work closely with an experienced Marietta divorce attorney.
Divide Property and Determine Support
Marital property is everything either spouse acquired during the marriage, regardless of who paid for it or whose name is on the title or registration. Couples must divide their marital property equitably, which means the division must be fair, but need not be equal.
Couples also must decide whether one of the spouses will receive financial support after the divorce. The Official Code of Georgia §19-6-1 allows a spouse to receive ongoing support if they can demonstrate a need and the other spouse has the means to pay.
Property division and spousal support impact each other. Couples negotiating a property settlement should work with a member of our experienced Marietta divorce attorney to ensure the resulting agreement is fair and supports the spouse’s goals.
Engage a Skilled Attorney to Handle Your Marietta Divorce
Untangling your legal and financial relationship with your spouse is a complicated matter for most couples. Deciding issues regarding the children can be emotionally fraught.
Working with an experienced Marietta divorce lawyer can make a big difference. Contact our firm today to set up an intake meeting with a member of the team.
