There are plenty of problems that may arise within a family, it could be marriage, domestic partnership, or even civil union problems. Having a good Smyrna family law attorney will play a crucial role as far as handling such matters is concerned.
Family lawyers are professionals that handle legal cases about family law. They deal with legal issues that involve a family that they present. Such legal matters include child custody, divorce, and guardianship among the other legal issues. Moreover, they tend to act as mediators when there is a family feud.
Benefits of Having a Family Law Attorney in Smyrna
A family breakup can be tough and have a lot of uncertainty. For instance, when parents are contemplating divorce, they are quite worried about how the whole situation will affect the children. Generally, research shows that children get over their parents’ separation within a year or even two years. Again, they also found that children who grew up in such toxic environments have more trauma and problems to overcome.
Once a situation has reached a point of no return, then this is the right time for you to contact the family law attorneys at Diaz & Gaeta. We represent clients in Smyrna, Ga. Get us today and enjoy the benefits of hiring a professional. The benefits of hiring a family law attorney are as follows:
Terminates Toxic Relationship
It is so easy to find yourself stuck in a toxic relationship. The worst part is you may not be aware that you are in one until it is too late. Some of the characteristics of a toxic relationship are both emotional and physical abuse, disrespect, competition, or even conflict among a couple. If you find yourself in such unfortunate situations, that is the right time to consult your lawyer and learn your legal rights.
Parenting and Custody Disputes
This is what follows immediately after a couple separates. Parenting time and custody becomes an everyday battle of who should do what and when. Consulting your family law attorney will advise on how to proceed that is beneficial for every individual involved. Courts do not like to interfere with the well-being of minors unless there is a big matter at hand that needs to be addressed immediately.
Are you a resident of Smyrna, Georgia, and you are looking for a good family law attorney? Then look no further than Diaz & Gaeta Law. Our experienced team of dedicated and experienced lawyers can help you rebuild your future.
What Qualifies as a Family Law Case?
Parental rights, child custody, and child support. Every individual right has to be taken into consideration ranging from the parent’s rights to the children’s rights.
Contested and Uncontested divorce
These are the two types of divorces that the majority of couples can find themselves in. A contested divorce is where both spouses fail to agree on their own and end up in court for the judge to decide for them while an uncontested one is where your spouse does not challenge your ground for wanting a divorce.
Spousal Support and Alimony Agreements
This is the number of funds that one spouse has to pay the other as a form of financial assistance following a divorce.
This happens to be a temporary court order that stops an individual from taking part in certain activities, especially reaching or contacting certain individuals.
Legal Name Changes in Georgia
In Georgia, changing your name is a legal process that needs to be approved by the authorities. You must submit your petition to your superior local courts and wait for at least 30 days before getting your feedback.
One of the major functions of this department is to protect children from abuse and neglect. Department of Social Services(DSS) ensures to get accounts of children that have been abused and conducts a thorough investigation of the same.
What Are the Grounds for Divorce in GA?
There can be several different reasons for someone to want a divorce from their spouse. The following are what constitutes grounds for divorce in Georgia:
- Cruel treatment.
- Habitual drug use.
- Conviction of certain crimes.
- Mental incapacity at the time of marriage.
- Adultery during the marriage.
- Impotence at the time of marriage.
- Being convicted of a crime of “moral turpitude” that leads to a two-year or longer prison sentence.
- Incurable mental illness.
- Force, fraud, duress, or menace when obtaining the marriage.
- Inevitable breakage of the marriage.
- Intermarriage between people with a kinship that prohibits marriage.
How Do You Start the Divorce Process?
First, you must ensure that you qualify for a divorce. If you and your spouse have been residents of Georgia for at least six months, then you can go ahead and file for divorce. Second, you must have grounds for divorce. Once these are established, you can file a divorce complaint.
In the complaint, you are required to state the grounds and prove residency. You will also state any other issues you wish the court to address, such as alimony, child or pet custody, or division of property.
If you are the person filing, your section will be the petitioner and your spouse the defendant. The court provides you with online forms to start the divorce process. You are also provided with videos, instructions, and a checklist to guide you through the process.
If you are living in Smyrna, GA, you will file the divorce complaint with the Clerk of the Cobb County Superior Court. Note that there is a fee charged for this, which is usually around two hundred to three hundred dollars. It can differ depending on any additional paperwork you may file.
After filing, your spouse will be served with the papers. If they have agreed to service informally, you should still obtain an Acknowledgement of Service which they should have signed. If not, your papers will be delivered to your spouse by a certified process server.
How Does the Division of Property Work in Georgia?
The property to be divided is categorized into marital and separate property. Separate property is what one spouse has before getting married. Additionally, any assets willed specifically to a spouse even when they are married are considered separate property.
The assets gained during the time you and your spouse were married are categorized as marital property. This applies to the property listed under one name and listed under both spouses’ names as well.
Marital property is rarely divided equally as there are factors that the court looks into beforehand. This includes the financial and non-financial contributions that a spouse made during the time both parties were married. The best way to ensure a fair division of marital property is to get a lawyer.
Our Smyrna family law attorneys can spot and stop any asset concealment by your spouse. We know what to look for to ensure that marital property and separate property are categorized properly and accounted for.
How Is Child Custody Decided?
Custody is awarded to the most deserving parent according to the child’s best interests. Georgia has a list of factors to consider when evaluating the best custodial agreement. Key among these are:
- The love and emotional connection that exist between the parent and the minor.
- The deposition and ability of a parent to provide necessary basic needs for the child. These are such as food, medical care, clothing, etc.
- The willingness and capability of either parent to enable and encourage a close and ongoing relationship between the minor and the other parent according to the child’s best interests.
What Is Alimony and How Is It Decided?
Alimony is the payment a spouse makes to their divorced partner. It is court-mandated and is meant to maintain the standard of living a spouse had before the divorce. It could also be to help a spouse on the lower-income side. It ensures that they stay stable during and after the divorce.
Alimony is awarded in cases where there was no desertion or adultery. There is no specific formula to calculate alimony. It is given if there is a need and ability by the other spouse to pay.
Factors like the length of the marriage, the financial resources for both spouses, the financial state of both spouses, and any other factors deemed equitable by the court.
Get in Touch With a Smyrna Family Law Attorney Today!
Call Diaz & Gaeta today to get a team of determined and experienced attorneys to represent you in your Smyrna, Ga divorce case. We will do all the hard work while you deal with the emotional times that come with filing for divorce. Call today on 678-329-9084 and get a free consultation.