Family law deals with matters relating to the family, such as marriage, divorce, child support, adoption, and more. It is not easy to solve family issues on your own. Once you finalize your divorce, several issues can still arise.
It is not easy to navigate the complex legal system. We highly encourage you to hire an experienced and skilled family law attorney in Atlanta. Hiring an attorney can save you money on legal expenses and give you peace of mind. Your lawyer can protect you from being bullied, especially if your spouse has representation.
At Diaz & Gaeta, we understand that it is hard to end your marriage. If you have decided to end your marriage, you can seek the counsel of our experienced and compassionate family law attorneys in Atlanta. We can help you understand your legal rights during your divorce. Contact our Atlanta law office at 678-503-2780 to schedule a FREE consultation.
TABLE OF CONTENTS
What Qualifies as a Family Law Case?
Family law encompasses several different situations that can arise within a family unit. A few of them are listed below:
Contested and Uncontested Divorce
If it is in the best interest of you and your partner to end your marriage, you can talk to a family law lawyer to help you end your marriage. Your lawyer ensures your separation goes smoothly, whether it is a contested or uncontested divorce.
Parental Rights, Child Custody, and Child support
Parental rights, child support, and child custody can impact your whole family. That is why you need to find the best resolution. Your resolution should be in the best interest of your children. Your Family Law attorney in Atlanta will work diligently to create a fair compromise.
Spousal Support and Alimony Agreements
It is hard to separate from your spouse. It can leave you with financial burdens. You can seek spousal support or alimony to reduce your financial burdens.
Legal Name Changes in Georgia
Women usually change their last names when they get married or divorced. Once you divorce your spouse, you may need to obtain a legal name change.
Restraining Orders
If you are a victim of abuse, you may need to get a restraining order. If your child is a victim of physical, verbal, or even sexual harassment, you need to seek protection.
DSS Cases
The Division of Social Services (DSS) investigates reports of child abuse and neglect. If DSS is investigating you or your partner, hire the right family law attorney in Atlanta to protect your rights.
What Are the Grounds for Divorce in Georgia?
One or both of the people in a marriage may decide that they want to divorce. Under Georgia law, valid legal reasons for a divorce include:
- The spouses are too closely related for marriage according to the law.
- Mental incapacity at the time of marriage.
- Impotency at the time of the marriage.
- Force, menace, duress, or fraud in obtaining the marriage.
- The wife was pregnant by another man at the time of the marriage, and the husband didn’t know.
- Adultery by either spouse during the marriage.
- Willful desertion for one year.
- Incurable insanity.
- Habitual drunkness.
- Cruel Treatment.
- The marriage is irretrievably broken.
In order to file for a divorce, you or your spouse must have lived in the county for at least 6 months.
How Do You Start the Divorce Process?
Once you decide to end your marriage, you must follow certain procedures listed below:
- Step 1 – Firstly, you must ensure you meet the eligibility requirements to file a “Complaint for Absolute Divorce” with the court.
- Step 2 – Secondly, you must file the complaint and pay the filing fees.
- Step 3 – Thirdly, you need to serve a copy of your complaint to your spouse.
A good lawyer can help you prepare the necessary documents and guide you throughout the whole divorce process.
How Does the Division of Property Work in Atlanta?
You and your spouse can decide to reach a property settlement without involving the court. It is not always necessary to involve the court in a property settlement. If you, however, decide to involve the court, you must work through the mandatory steps.
There are two classifications of property in Georgia:
- Marital Property – It is the presently-owned property that you and your spouse acquired during your marriage.
- Separate Property – It is property acquired by you or your spouse during your marriage by gift or inheritance. It also includes the property owned by you or your spouse before you got married.
Assets classified as separate property stay with the original owner. Under the principle of “equitable distribution,” the court aims to divide marital property fairly between the spouses. This doesn’t necessarily mean a 50% split.
How Is Child Custody Decided?
The child custody laws in Atlanta, GA aims to protect the child. That is why the family courts have jurisdiction in custody cases. The court awards custody based on the best interest of the child. It also determines whether sole or joint custody is appropriate. The court does not favor one parent over the other parent.
It is difficult to understand complex child custody laws. We highly encourage you to talk to our experienced and skilled Family Law attorney in Atlanta. If you are facing child custody issues, you need proper legal representation to avoid jeopardizing your rights.
What Is Alimony and How Is It Decided?
Alimony is the financial support that the court orders a spouse to give their spouse following a divorce. Once you finalize your divorce, the court can order you to provide financial support to your spouse after your divorce.
There are set guidelines for determining alimony. Therefore, the judge assigned to your case decides the amount to award your spouse. If you and your spouse relatively earn the same income, the judge might not award the alimony.
The court uses the following factors to determine the amount and duration of alimony obligations:
- Length of the marriage.
- Reasonable needs of each spouse.
- The ability of the spouse to pay alimony.
- The standard of living of the dependent spouse.
- The educational background of the dependent spouse.
- Marital misconduct.
The court considers the length of the marriage to determine the duration of the alimony payments. If you have been married for several years, you are more likely to pay alimony for longer. In addition, if your income is high, you are more likely to pay more in alimony.
You can talk to an experienced family law attorney in Atlanta to help you understand the alimony laws in this area.
Get Help From a Trusted Family Law Attorney in Atlanta!
It is stressful and difficult to end a marriage. There are so many things you need to do. In fact, the number of things you need to do can overwhelm you. You may have to reach a property settlement with your spouse, fight for custody of your child, file the necessary paperwork, and more.
You will need the services of an experienced and reputable family law attorney in Atlanta. A good lawyer can help you prepare the necessary documents and guide you throughout the whole divorce process. Having a lawyer by your side can reduce your stress. It can even save you more money in the long run.
At Diaz & Gaeta, we are ready to help you understand your legal rights and will advocate for you. We will protect your rights. We offer legal advice, court representation, and negotiate with your spouse on your behalf. We can handle your family law needs. We will answer your legal questions. Call 678-503-2780 for a FREE consultation.
