Divorcing your spouse can mark both the ending and the beginning of important chapters in your life. Therefore, it is important to make sure that a divorce agreement reflects your interests and sets you up for success.
If you are in the process of ending a marriage, you may greatly benefit from the legal guidance of a Suwanee divorce lawyer. With the help of practiced family attorneys, you can work toward a final divorce decree that sets you up for the future you want.
Arriving at a property settlement is often the most time-consuming task a divorcing couple faces. The first critical step is distinguishing the couple’s marital property from each spouse’s separate property.
Most married couples have both separate and marital property. Separate property is everything a spouse owned when they married. In addition, inheritances and gifts to one spouse received during the marriage are the spouse’s separate property.
Each spouse is entitled to leave the marriage with their separate property. However, sometimes the other spouse contributes to an increase in the value of separate property, In that case, the other spouse may have an interest in the property’s appreciation.
All property that was acquired during the marriage legally speaking, belongs to both spouses regardless of whose name is on the title or whose money paid for it. Rather, it is the marriage’s property. Because each spouse has a share in the property that was acquired during the marriage, one of the core functions of the divorce process is to divide the property in a way that is fair to both spouses.
In divorce cases, marital assets are divided equitably. This means that divorce court judges are given the authority to come up with a solution that leaves both spouses with a fair amount of the marital estate. However, it is important to note that this does not mean an equal amount. Judges will consider several different factors, such as the financial status and future needs of each spouse, to determine how the property should be divided. A divorce attorney in Suwanee can work on behalf of a spouse to make sure the division of assets properly considers their post-divorce needs.
Sometimes couples decide to handle their property differently than the law provides. For example, they may decide that some property that the law would consider to be marital property should be treated as separate. Couples can formalize these decisions into a written prenuptial or postnuptial agreement. A court will enforce it if it meets legal requirements.
It is essential for spouses who have a prenuptial or postnuptial agreement to work with an experienced Suwanee attorney when they divorce. It may be possible for a spouse to challenge the agreement. A legal professional can analyze the agreement, determine whether it is vulnerable to a challenge, and create a property settlement negotiation strategy accordingly.
For marriages that include children, determining child custody arrangements after the divorce has been finalized will be one of the most important aspects of the marriage dissolution process.
There are two aspects of custody parents must resolve. Physical custody involves providing a home for the children. Legal custody is the authority to make decisions about the child’s healthcare, education, and religion.
The law in Georgia is gender-neutral and does not favor either parent in custody matters. Family courts take great care to consider the best interests of the child in these decisions, striving to ensure that the children of divorced parents can live the fullest lives possible.
The Official Code of Georgia §19-9-1 requires parents to develop a detailed parenting plan. When parents share physical custody, it must describe which days the children will be with each parent and who will be responsible for transportation. When custody is mainly with one parent, the plan must describe when the other parent will have visitation.
When parents develop a plan jointly, they must submit it to the judge who will review it. The judge must agree that the plan promotes the children’s best interests, and the family court can reject a plan if the judge feels it does not adequately address the children’s needs.
Ideally, parents will create a joint parenting plan. When they cannot agree, each must submit a plan and the court will choose between them or impose a different plan. When courts must make decisions about custody, they often appoint a custody evaluator. A spouse should work closely with their Suwanee attorney when facing a custody evaluation.
Child support is an important part of a divorce. Financially caring for their child is one of the most important responsibilities that a parent can have, and children count on this support as they grow up. Ensuring that everyone’s interests are accounted for in a support agreement is a goal that a divorce lawyer in Suwanee can help achieve.
Financial support is the child’s right, and parents cannot waive it even if they do not need the money. Like most states, Georgia uses a formula to determine the appropriate amount of support, but there are multiple factors that can merit a deviation from the formula amount.
The paying parent usually does not pay the receiving parent directly. Funds are paid to the Georgia Family Support Registry, which receives the payments and disburses them to the recipient spouse. This process ensures the state has a record of payments and can enforce a judge’s child support order.
Many spouses are not financially equal. Often, one spouse earns more, making the other more financially dependent. This is especially true in marriages where one spouse was a stay at home parent or took time to pursue a degree. Divorce courts take this financial dependence seriously and aim to ensure that these spouses are able to maintain lifestyles that are as close to their marital lifestyles as possible.
Alimony payments – also known as spousal support – are how divorce courts help divorcing spouses maintain this stability. Alimony is not automatic and a spouse must ask for it. Many spouses receive temporary during the divorce proceedings but fewer receive post-divorce support. When a spouse is granted post-divorce support it is almost always for a fixed period until they have time to become self-supporting.
However, it is important to make sure that the support payments reflect the needs of both parties. A Suwanee divorce attorney can make sure that a spouse’s future is protected when determining support agreements.
If you and your spouse are divorcing, talking to a Suwanee divorce lawyer can be a wise use of your time. It is important to take steps to make sure your rights and interests are protected in the divorce process, and an attorney on our team can help do that. Call today for the legal guidance you need at this difficult time.
By: Darin D