Georgia Divorce and Family Law Lawyer
Our Atlanta divorce lawyer represents clients throughout the state of Georgia in divorce, family law, immigration, name change, uncontested divorces and more. A divorce in Georgia signals the end of a certain marriage. However, before getting closer to filing a divorce, you need to understand and have a full comprehension about the many things which happen while processing your divorce with your spouse. Actually, the process of divorce varies from one state to the other. There are different processes which are observed in the West Coast and different processes conducted in Georgia. Therefore, it is a must for you to read and fully understand the technical terms and legalities of the local process (for example: in a Fulton County or Cobb County superior court) in Atlanta to make everything faster and easier. Our Atlanta divorce lawyer can help you navigate this process.
Basically, in order to make your Divorce official and final, the only thing you will be needing is a signature from the court. But before getting this, you will be undergoing different discussions and agreements with your spouse. Essentially, there are three things that you should be able to agree. These three are the separation of your properties, who gets the custody of the children, and the sharing of parenting responsibilities. After you have come up with your final decisions, your divorce now becomes official and you are now authorized by the civil government to remarry if you want to as well as change back your name to your maiden name.
Divorce and Childcare
If the party who is asking for a divorce has a child, there are actually lots of things to consider about who gets the custody as well as who is more capable of raising and providing the needs of the children. Here are some of them in detail:
- The first thing the court looks at is the age of child. Due to the changing times and structure of society, women do not often get the full custody of children after the divorce. There are times that the court considers not only the relationship that the father has been able to build with his children, but also his capability of giving the children a brighter future by being a good and outstanding provider to them.
- The living situation of the parents would also be an important thing considered by the court. More often, the party who gets the family home, gets the full custody of the child. Why is that? Moving from one place to another would definitely aggravate the situation and the emotional stability of the children. Due to that reason, they have to be away from their school, which opens the possibility of transferring as well as leaving their social activities. However, there are also times that the party who gets the custody of the child wins the authority of the family home. As you can see, having the children stay at the family home is a very crucial factor because it gives them the idea that everything could remain the same as before. Moreover, the people around them who knows their situation could help them in mending the children’s broken hearts. Our Atlanta divorce attorney can better explain these issues.
- The judge who is responsible of granting custody also considers the cooperation of the party especially when it comes to parenting schedules. The judge of course wants to settle everything in a fair, prim, and proper manner. Therefore, he wants to give both parties an ample of time to continuously bond and build relationship with their children. Usually, the judge gives the full custody to the party who is more willing and more cooperative in sharing the children with the other party. Parties who try to alienate the children from the other party and feed them with wrong information should expect to have a hard time getting the custody they desperately want.
- The relationship the parties have with their children before the divorce is considered by the judge when giving the custody. There are many cases in which the parent who is not involved with the children’s events and situations before would have a change of heart. These parents would often want to take the opportunity to spend more time with the children and give their utmost best in order to compensate for the lost time. Even though the court respects and considers this sudden change of heart by a certain party, the judge would definitely give in to the party who makes the children comfortable, secured, and safe.
- The preference of the child would definitely be a huge factor on who is getting the custody of the children. Usually, the preferences of children are made known through a conversation arranged by the judge with the child. The judge would definitely take note of the children’s insights, likes, and dislikes. But there are also many courts which forbid children to participate in the process because it can bring certain trauma, fears, and emotional distress to children, especially at their young age.
Divorce and Financial Issues
Aside from childcare and parenting, it is necessary for both parties to agree with certain financial issues and other conjugal property matters. Usually, when divorce happens, there are many issues and factors, which can be used by another party as an advantage to weaken the other party’s liability of getting various rights with your children. Here are some tips in order for you to get empowered and to avoid becoming a victim in a financial manner.
- If ever you are the party who is not that aware of your financial securities and matters, find the right way in order for you to get an access to all the financial information including your annual income, properties, various saving accounts, brokerage, retirement, checking accounts, charge card statements, and even income tax returns. Have these financial records set and understand them very well.
- Seek advice and help from a mediator. If both of you are interested in getting the family home, child support, custody or property division, it is quite necessary to ask for a legal help from mediators which would definitely help you in settling with your issues, accounts, and can help you save your money with all the processes you will be undergoing. Mediators are professionally trained to face and deal with these kinds of divorce cases.
- Forget about ways to punish your spouse. If you are taking the opportunity to take advantage of your divorce in order to make your spouse miserable, it is highly suggested to forget about it.
Contact our Atlanta divorce lawyer for a consultation, to go over your rights.