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Questions about Divorce in LaGrange, Georgia
Make no mistake, divorce in Georgia is a life-changing experience, and the decisions you make during this time will greatly impact the rest of your life. That is why you need a trusted and experienced lawyer in your corner who understands how to navigate the family court system in Troup County.
How to Navigate the Divorce Process
LaGrange, Ga. Family Law Attorney, Tyler Moffit is a compassionate, and caring attorney who is deeply committed to helping his clients through the divorce process. Our attorney will take the time to analyze your situation and help you identify your objectives to develop a legal strategy that achieves your goals.
Many divorcing couples can resolve their issues through the process of Mediation, where a licensed mediator serves as an impartial neutral. The Mediator’s job is to listen to both sides and guide the parties toward compromises. Through mediation, the parties draw up a consent agreement to determine the issues at hand. Sometimes resolving the issues is not possible and going to court and Litigate to settle the issues is necessary. Our LaGrange, Ga. Family law attorney will be there by your side throughout your case to ensure that you are empowered to make the best decisions for you and your family.
Grounds for Divorce in Georgia
The state of Georgia still recognizes “fault” grounds and either party can claim and be granted a divorce based on fault grounds. The state recognizes twelve (12) fault grounds for divorce. These grounds include:
- If the parties are too closely related by blood.
- If one party was mentally incapable at the time of the marriage.
- Impotency at the time of marriage.
- If force, menace, duress, or fraud was used in obtaining the marriage.
- If the wife is pregnant by a man other than the husband, at the time of the marriage, and this is unknown by the husband.
- Adultery of either of the parties after marriage.
- The willful and continued desertion by either of the parties for a term of one year.
- The conviction of either party for an offense involving moral turpitude and under which he or she is sentenced to imprisonment in a penal institution for a term of two years of longer.
- Habitual intoxication.
- Abusive or cruel treatment.
- Incurable mental illness.
- Habitual drug addiction.
Do I Need to Prove That My Spouse is “At Fault” to be Granted a Divorce?
Georgia is a no-fault divorce state. In this situation, neither spouse needs to prove that the other is ‘at fault’ to be granted a divorce. Divorce in Georgia may be granted on the grounds that there is no hope that you and your spouse can save the marriage and that the marriage is “irretrievably broken”. For a no-fault divorce, you need only prove that the marriage is broken beyond repair with no hope of reconciliation.
Division of Marital Property
Georgia is an equitable distribution state. It means the fair division of property and debt obligations when dividing marital property in a divorce. Marital property in Georgia is defined as any income or assets that were earned during the course of the marriage. Therefore, generally, any property that you owned prior to your marriage, but not transferred to your spouse will be considered as separate property.
Marital property includes: bank accounts, retirement benefits your automobile, furniture and even a business venture that was acquired during the marriage. But, in a divorce, an equitable division of all debts is also considered.
Alimony is a term that is often referred to as ‘spousal support’. It is the amount of money to be paid from one spouse to the other. Usually, when alimony is ordered, the spouse who is the higher earner will be ordered to make periodic payments to the lower-earning spouse. This can occur both during and after the divorce.
Child Custody and Visitation
One of the most difficult issues that lead to litigation in divorce is child custody and visitation. It’s important that our clients are educated about their rights so they can plan a custody arrangement that works best for their family. In Georgia, both parents have equal rights to custody of a child born during a marriage.
Legal Custody and Physical Custody
Legal custody refers to having the right and the obligation to make important decisions about a child’s upbringing. It is possible for one parent to have sole legal custody or the parties be granted joint legal custody in which both parents share the legal responsibility in areas such as religious upbringing, medical care, housing and education (among others).
Physical custody establishes where and with whom the child will live on a regular basis. Physical custody can also be awarded to either parent or jointly to both. Because child custody determines the amount of time you and your children will spend together, you need a seasoned Divorce and LaGrange, Ga. Family law attorney.
Georgia uses the “Income Shares Model” for calculating child support by using a worksheet created by the Georgia legislative branch. The guidelines require that the total gross income of both parents be taken into consideration before any tax deductions. Income may include salaries, commissions, bonuses, self-employment, income from rental properties, unemployment and social security income, among others. In some cases, litigation is needed for your child to receive fair financial support from both parents. Contact our experienced LaGrange, Ga. Family Law attorney if you have any questions regarding your child support obligation.
Call an Experienced LaGrange, Ga. Family Law Attorney
Divorce is a complicated process that involves making important decisions about your family, home, financial assets and income. Moffitt Law, LLC provides confidential, straightforward and personal service in regards to your legal matter. Call us today to schedule your consultation.