Divorce Lawyers in Atlanta, GA — Helping You Through the Complexities of Marital Dissolution
When two people get married, going through the divorce process is rarely at the top of their minds. Unfortunately, we’ve always known that a high percentage of marriages eventually end this way. If you’ve found yourself in this situation, you may be unsure how to move forward. How do you ensure you’re getting everything you deserve, and what can you do to avoid a long, drawn-out, and costly process? Put simply; you need a divorce lawyer in Atlanta on your side. Experienced legal representation is the only way to ensure your best interests are served.
At the Family Lawyers of Atlanta, our dedicated team of family law attorneys understands how difficult divorce can be. Whether you’re fighting over physical and legal custody or simply trying to file an uncontested divorce and move on, Georgia statutes can complicate family law matters. However, an experienced legal professional can help you understand your situation and how to best move forward. And since our law firm offers free consultations, you have nothing to lose by reaching out to learn more. Contact us today.
What Are the Biggest Concerns in a Georgia Divorce Case?
Any divorce case brings up a variety of complex Georgia family law matters. Of course, no two cases are the same. The circumstances faced by one soon-to-be-former couple could be completely different than those faced by others. Various concerns — including length of the marriage, whether children are involved, each party’s income, and many other family law matters — can affect the issues that arise during a divorce. However, the most common questions faced during this process include the following:
Every single divorce will run into the issue of property division. Such matters can be significantly simplified if a prenuptial agreement is in place. However, most marriages do not start with such a contract. Many people expect marital property to be divided right down the middle, but this is not how it works in Georgia. Our state practices equitable division. This means the legal process of asset division can significantly vary from “equal.” In fact, anything from earning potential to infidelity may affect who receives assets in a Georgia divorce.
Georgia uses the Incomes Share Model to calculate child support. This means both parents are expected to provide financial support for their children. This is done in a manner proportional to each party’s income. In most cases, the non-custodial parent will have to pay their share of support directly to the custodial parent. However, there are nuances to the law — and modifications are possible. This is why you should speak with an Atlanta divorce lawyer today.
Child custody is often one of the most contentious issues in a divorce. Even if both parents have their child’s best interests in mind, their beliefs of what’s best can vary significantly. Courts will make custody decisions based on what they believe is best for the children involved. Issues such as time spent with a parent, housing stability, familial connections, and domestic violence are among the many considerations accounted for. It’s also possible to seek a child custody modification after the fact. Make sure you have a knowledgeable divorce lawyer on your side to ensure your child is placed in a healthy situation.
Alimony is another common issue in Georgia divorces. However, it’s important to realize that these payments are not required in all situations. If one spouse seeks alimony, a judge will consider a variety of factors to decide if they receive support, how much support they receive, and for how long. Issues ranging from marriage length to infidelity claims may be considered. If neither spouse needs financial support after a divorce, it’s likely that no order will be issued.
What if We Have a Prenuptial Agreement in Place?
If a prenuptial agreement is in place — also known as an antenuptial agreement in Georgia — a divorce can be significantly simplified. That’s because the parties to these marital contracts typically make decisions on important family law matters long before a relationship sours. This means emotion can be taken entirely out of the equation. If you signed a prenuptial agreement before getting married — or a postnuptial agreement afterward — a family law firm can often help you easily file the necessary paperwork and move on with your life.
However, it’s important to know that prenups must meet certain requirements in Georgia to be valid. If any of these requirements are not met, your marital contract may be unenforceable. In such a situation, you might have to go through the traditional property division process and make other important family law decisions without the support of a prenup. These are the prerequisites of a valid marital contract in Georgia:
- The agreement must be in writing with the signatures of both parties
- Each party must have had the opportunity to seek legal advice prior to signing
- The agreement must be signed voluntarily and free of coercion or duress
- There must be full and fair disclosure of the assets and debts of both parties
- The agreement cannot be unconscionable (i.e., excessively unfair to one party)
- The marital contract cannot violate legal statutes or public policy
If these conditions are met, it’s likely that a prenuptial or postnuptial agreement will be valid. However, it’s possible that issues could arise even if you believe you met all the preceding requirements. This is why it’s so important to have Atlanta divorce lawyers on your side. While many problems could come up, the most common involve the following two issues:
Issues of Child Custody and Support
A marital contract cannot be used to avoid a future child support or child custody dispute. That’s because these decisions are based on the best interests of a child. As such, the decisions cannot be made in advance. In fact, it’s even possible that a judge may not approve a custody or support agreement you make during divorce settlement negotiations. Unfortunately, such issues are among the most complex family law cases seen in courts. This is why you should speak with a divorce lawyer in Atlanta prior to moving forward.
Right to Challenge Prenuptial Agreements in Court
It’s important to note that it’s not always contingent on judges to identify problems with a prenuptial agreement. Parties to a divorce have the legal right to challenge a prenup in court even if there are no apparent issues at first. However, the burden of proof falls to the person challenging the agreement. This individual will have to prove that one of the many requirements of a valid marital contract in the state was violated.
Why Should You Hire a Family Law Attorney?
When you’re seeking divorce attorneys in Atlanta, there is no shortage of options. If you’re hoping for the best possible outcome in your case, though, hiring a family law lawyer is likely in your best interest. While legal professionals with experience in filing divorce paperwork can certainly be helpful, it’s important to remember that divorce involves a variety of family law issues. Family law touches every aspect of marriage and divorce, from legal separation to adoption by same-sex parents and from grandparent visitation to parenting contracts.
This is why some of the best divorce lawyers have worked for years in family law. Attorneys with this experience can provide aggressive representation during litigation or help former partners negotiate a fair settlement. Divorce and family law go hand in hand, so don’t sell yourself short when seeking legal representation. At the Family Lawyers of Atlanta, you’ll work with a legal advocate who’s dedicated to securing the best possible outcome on your behalf. Contact us today to schedule your free and confidential consultation. We’re here to help.
Do You Need Atlanta Divorce Lawyers for an Uncontested Divorce?
While an uncontested divorce may seem simple on the surface, it’s still recommended that you seek legal representation during the process. These professionals have knowledge and expertise that most people don’t possess. This means they can help you understand the laws that apply to your case, and in turn, you can make more informed decisions. Additionally, it’s possible that negotiations may be necessary — even in uncontested divorces — to settle issues such as child support, property division, and child custody.
However, the primary benefits of working with Atlanta divorce lawyers involve meeting legal requirements and avoiding common pitfalls. After all, documents still have to be filed with the courts, even during an uncontested divorce. You want to ensure this is done correctly to avoid any issues. Additionally, an attorney can help you avoid the most common mistakes made during uncontested divorces — which are particularly common when former partners try a do-it-yourself approach.
Whether there are minor children involved or a custody dispute over the family dog, and whether there are millions in marital assets or you’ve struggled financially for years — an Atlanta divorce attorney at the Family Lawyers of Atlanta is here to help.
Contact Our Divorce Lawyers in Atlanta, GA Today
Family law is a complex legal area. Even issues that would seem simple on the surface — such as uncontested divorces and parenting plans accepted by both parties — can be complicated by state law. This is why it’s so important to have experienced divorce lawyers on your side. Maybe you can’t agree on anything with your former partner, or perhaps you agree on everything and just need the proper paperwork filed. Regardless of your unique situation, our law firm is here to help.
At the Family Lawyers of Atlanta, our legal team will advocate tirelessly on your behalf. Our years of experience practicing family law give us unique insight into the divorce process. You shouldn’t have to shoulder all these difficulties on your own, and with our assistance, you won’t have to. Contact us today by calling (404) 418-7777 to schedule your free case review. Our divorce lawyers in Atlanta, GA, will help you better understand your situation and how to best move forward.