The divorce attorneys at the Georgia law firm of Bader Scott Injury Lawyers have the knowledge, skill, and experience to help you through this difficult time. Our goal is to have your divorce be as uncomplicated as possible, and to minimize your stress.
What Divorce Issues Can You Handle?
Divorce is common in Georgia and throughout the United States, but it’s never an easy decision to make. Besides the separation, many complex issues will need to be decided before your divorce can be finalized. Some of the problems include, but aren’t limited to:
If you, your spouse, or both of you can’t agree on important issues, this is a contested divorce. Emotions run high during a divorce, and it may cloud both of your judgments. In a contested divorce, your Carrollton, Georgia divorce attorney will prove to be an invaluable resource. Your divorce attorney should handle all communications with your spouse and their legal team and work towards finalizing your separation.
If both you and your spouse agree on all of the issues, this is called an uncontested divorce. While this may be the case, you shouldn’t forego hiring your own Carrollton, Georgia divorce lawyer to make sure that everything is completed correctly and that your rights are being protected.
Division of Property
When it comes to dividing up your marital property, it can lead to heated arguments and much contention between you and your spouse. Georgia law requires that all property acquired during the time you were married needs to be equitably divided between you and your spouse. This does not, however, mean a 50/50 split, but it should be as equal as you can get it.
Below is a list of assets that may need to be split. This list is by no means inclusive, and it depends on your circumstances.
- Your marital home
- Secondary homes such as a beach house
- Investment property
- IRA’s pensions, and 401(k)s
- Bonds, mutual funds, and stocks
- RV’s, boats, and vehicles
- Artwork, furniture, and collectibles
Additionally, any debts such as mortgages, credit card debt, personal loans, or car loans that are still outstanding will have to be equitably divided between you and your spouse.
If you and your spouse have minor children, then you are going to have to decide issues relating to child custody. This can be extremely emotional, but it’s essential that you both act in the best interest of your child. Both physical and legal custody will have to be decided by both of you, or the Georgia court will do it for you.
Physical custody dictates whom your child will physically reside with while legal custody refers to which parent has the right to take any legal decisions for your child. This can include decisions about schooling, religion, or medical treatment.
You and your spouse may decide on joint custody where you share custody of your child. You also could decide that your child will reside with one of you, but both of you will share legal custody. If you don’t have physical custody of your child, you should make sure you have general visitation rights.
In the family court system in Georgia, both parents are required to support their child after separation. This is done through child support payments that are made every month, and the amount is determined by a calculator with a unique formula as laid out in Georgia law.
Your Carrollton divorce attorney will work hard to make sure you are treated fairly and that the amount of child support is accurately calculated.
In Carrollton and throughout the state of Georgia, alimony/spousal support is not guaranteed as part of your divorce. Some factors come into play as to whether or not alimony is to be paid. These factors include:
- Living standards for each of you when you were married
- Length of your marriage
- The receiving spouse’s age, physical condition, earning potential and skillset
- The paying spouse’s earning capacity, financial stability, and debts
- Non-income producing contributions to the marriage
In Georgia, spousal support can either be temporary or permanent. However, even if alimony is permanent, it will only continue for a limited amount of time.
Contact Us About Your Carrollton, Georgia Divorce Case
If you are going through a divorce in Carrollton, you should speak with one of our skilled divorce attorneys at Bader Scott Injury Lawyers as soon as possible. We are ready to start work on your case today. We understand how emotional and stressful a divorce can be, and we will strive to make your divorce as easy as possible.