Woodstock Divorce Lawyer
There are numerous issues to address when you get divorced, especially when you have children. A Woodstock divorce lawyer with the Atlanta Divorce Law Group can provide guidance throughout the process.
Our family law attorneys are experienced in all aspects of family law pertaining to separation and divorce. Whether you anticipate an amicable parting or a high-conflict divorce, our team can help you meet your goals.
Contested vs. Uncontested Divorce
When you and your spouse agree on the terms of your divorce, you could file for an uncontested divorce. This process is much quicker and less expensive than a contested divorce.
You need a written separation agreement that addresses property division, child custody, and spousal support. You submit that agreement with your divorce petition, citing the irretrievable breakdown of the marriage, and your divorce could be final within a few weeks. If there are issues that require negotiation but you believe you will reach an agreement, it could be advantageous to work with a mediator and delay filing until you have reached a settlement.
Sometimes reaching an agreement before filing is not possible. In some cases our Woodstock divorce attorney might advise you that it is unwise to enter a divorce settlement agreement before going through the discovery process. If you file when there are still issues in dispute, you have a contested divorce—however, in most cases agreement is reached before a trial, so the contested divorce effectively becomes uncontested when you and your spouse enter a settlement.
Grounds for Divorce
The Official Code of Georgia § 19-5-3 lists the possible legal grounds for divorce. One ground, the irretrievable breakdown of the marriage, is a no-fault ground. You do not have to prove anything if you cite this ground.
There are also numerous fault-based grounds you could cite, but if you seek a divorce on a fault-based ground, you must prove it. It is wise to discuss the advantages and disadvantages of citing a fault-based ground with your legal team before making a decision.
How Is Property Divided in Divorce?
Georgia courts follow an equitable distribution scheme for dividing marital property. That means property division must be fair considering all the circumstances but need not be equal.
Anything you or your spouse owned before marriage remains your separate property and is not divided. Gifts to one spouse and inheritances are also separate property.
A family court judge can grant alimony, usually called spousal support, if the circumstances merit it. Alimony is not automatic and is usually granted for a limited period until the receiving spouse can become self-supporting. An experienced Woodstock divorce attorney can advise you about requesting or defending a request for spousal support.
Children’s Best Interests Drive Custody Decisions
When you share minor children with your spouse, your divorce must include a parenting plan. The plan describes how you and your co-parent will divide time with the children, establishes the child support obligation, and covers numerous other details. Georgia courts strongly encourage parents to create a parenting plan together rather than leave these decisions to a family court judge.
Judges review all parenting plans to ensure they focus on the children’s best interests. The law describes multiple factors a family court judge should consider when evaluating the best interests of the children. Our Woodstock divorce attorneys can go over those factors with you so you can keep them in mind when you develop your plan.
Get Sound Guidance Through Divorce With a Woodstock Attorney
Divorce can be a complicated legal proceeding, and you will need the advice of a Woodstock divorce lawyer. At Atlanta Divorce Group, our seasoned family law professionals can advise you on all aspects of divorce. Schedule a consultation with our intake team today.
