Divorce for Men in Sandy Springs
When the decision to divorce is made, it’s natural to anticipate changes in your financial situation and your relationships with your children. However, in most cases, it’s possible to maintain a reasonable lifestyle and continue to be an involved father, if that’s your desire. This potential for a positive outcome can provide hope during this challenging time.
It’s common for men to have concerns about being treated fairly in divorce court, but it’s important to remember that the law treats both genders equally. Judges base their decisions on a couple’s specific circumstances, not on preconceived notions about how families should function, ensuring a fair and just process.
Our legal team has considerable experience helping navigate divorce for men in Sandy Springs. The divorce lawyers at our firm can ensure you understand what to expect and will help you achieve your goals in the separation.
Dividing Property Fairly
The law requires that divorcing couples divide their property fairly, given the circumstances. Everything you and your spouse acquired during your marriage is marital property. The only exceptions are gifts to one spouse from a third party, inheritances, and property you or your spouse designated as separate in a prenuptial or postnuptial agreement. Debts acquired during the marriage are also marital property.
Sometimes, each spouse is awarded roughly half the marital property, but sometimes, a spouse could take a much larger percentage. When one spouse caused the divorce through misconduct or wasted marital assets, the judge might award the wrongdoing spouse a smaller percentage of marital assets.
Many couples can create a fair and workable property division agreement more easily than a judge can, and courts encourage spouses to work together to divide property and allocate debt. Your Sany Springs men’s divorce attorney could negotiate a settlement directly with your spouse’s lawyer, or you and your spouse could work with a mediator to devise a fair settlement.
Alimony
Either spouse can request ongoing financial support, but spousal support is not automatic. The Official Code of Georgia §19-6-3 allows a spouse to request temporary alimony during the divorce proceedings. This form of alimony helps the spouse transition to a separate household and ends when the divorce is final.
When a spouse wants alimony after the divorce is final, they must request it, demonstrate a need, and show that the other spouse has sufficient resources to pay it. Although post-divorce alimony is called permanent alimony, it is meant to support the lower-earning spouse while they make efforts to become self-supporting. However, when age or health issues prevent someone from earning a reasonable living, alimony could last until the receiving spouse remarries or dies.
Both Parents’ Contributions Are Vital to Children
There are two types of custody men in Sandy Springs must consider when divorcing. Legal custody means the right to make or participate in decision-making regarding the children’s religion, healthcare, and education. Physical custody means where the children live.
Custody laws explicitly state that neither gender has an advantage in custody proceedings. Children are presumed to benefit from substantial contact with both their parents and from both parents having a say in their upbringing. Unless there is a reason why a parent should not have physical or legal custody, courts prefer to award shared legal and physical custody to both parents.
The law requires parents to develop a parenting plan that discusses how they will manage custody issues. Even parents who have trouble communicating effectively can often put their differences aside for the sake of their children and develop a workable parenting plan.
The Children’s Best Interests Must Prevail
Sandy Springs fathers who are getting a divorce must recognize that the best interests of the children drive all decisions that impact them. Even when parents agree, a family judge will conduct an independent review to ensure the children’s needs for structure, stability, and a loving environment will be met.
Some fathers seek joint custody of their children. A skilled attorney could present evidence showing that you have a child-friendly work schedule and live near enough to the children’s school, friends, and activities that spending roughly half their time with you would not be destabilizing. Even when you cannot commit to sharing physical custody equally, courts will often approve a generous visitation schedule.
Work With a Sandy Springs Attorney Who Protects Men’s Interests in Divorce
When you are getting a divorce, work with an attorney who understands your concerns and will work hard to help you meet your goals. Our team of skilled divorce lawyers is familiar with the challenges of divorce for men in Sandy Springs.
Reach out to a member of the team to schedule a consultation. Get started today.
