Legal separation is handled similar to a divorce. The primary difference is the parties cannot remarry. Typically alimony is owed if one spouse makes more than double that of another spouse. The length of alimony depends on the length of the marriage. Alimony is particularly awarded in instances where one spouse stays at home to raise the children and thus gives up opportunities to advance a working career. Be aware of the balances on retirement and credit cards when divorce becomes an issue. It is not uncommon for a spouse to charge attorney fees to a joint credit card or borrow from retirement under the theory that the spouse is paying half anyway.
Child Support is awarded pursuant to the child support worksheets. The payer should ensure that child support is reduced as each child turns 18 or graduates high school.
Child support is paid until the child is 18 or graduates high school but not later than 20 years of age. The income tax exemption for children goes to the parent the children live with for the majority of the year.
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If the parties cannot reach an agreement, the Court will hold a hearing days after filing. This is called a temporary hearing. The Judge decides, on a temporary basis, who gets custody, visitation, child support, who gets marital home place and, sometimes, who pays ongoing debt. After the temporary hearing the parties usually schedule mediation. If the case does not settle at mediation it is usually 6 months or longer before the case is resolved. Debts usually go with the items associated with the debt.
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For example, if you get the TV you have to take the payment with it. If you get the car, you get the payment as well. A — Yes, one spouse must have lived in Georgia for at least 6 months. This is important to establish when you are attempting to gain divorce in a particular state.
A — It is common to go to the counties Supreme Court to file for divorce.
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Although the procedure is not always difficult, we realize the challenges that face any divorce. We are here for all our clients in whatever ways we can make the process painless as possible. One spouse must claim that the marriage is over. Most divorces in Georgia are no fault divorces.
Q — My husband and I have decided to get a divorce. Ive always stayed at home with the children. However, he says if I attempt to gain half of what he makes he will make my life difficult. He doesnt want me to hire an attorney. Should I? A — Absolutely hire a good attorney! The judge is the one who will make a decision about what will happen to the assets, not your husband. You have also been the one with the children throughout the marriage. We will discuss your case, help you get everything in order and create a strategy for your divorce that will work for you.
With the necessary documentation gathered, our lawyers will handle all of the details of creating your divorce petition and making sure your case is filed in the appropriate county and your court date is set. Through settlement negotiations, mediation and litigation, we will advocate for you and protect your interests in the various divorce-related issues that can arise, including division of assets, spousal support and other related issues.
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If you and your spouse have any children, one critical part of the divorce process will be determining a parenting plan. In many instances, aspects of a divorce agreement or decree need to be enforced or modified to better suit the needs of the family. Our lawyers can help you. Please enter a valid email address.
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Margolis Kate E. Diem Demetrius J. Easing Family Transitions with Integrity. Your Advocates Fighting For You Many people who go through issues such as divorce or a child custody dispute become frustrated because their lawyer doesn't treat their legal concerns as seriously as they do. Seek legal counsel The first step is to find the right lawyer.
Dedicated Georgia Family Law Attorney
File for divorce With the necessary documentation gathered, our lawyers will handle all of the details of creating your divorce petition and making sure your case is filed in the appropriate county and your court date is set. Negotiate the terms Through settlement negotiations, mediation and litigation, we will advocate for you and protect your interests in the various divorce-related issues that can arise, including division of assets, spousal support and other related issues. Protect your children If you and your spouse have any children, one critical part of the divorce process will be determining a parenting plan.
Your rights after divorce In many instances, aspects of a divorce agreement or decree need to be enforced or modified to better suit the needs of the family.