Site Navigation

Atlanta Divorce & Family Lawyers
Fulton, Forsyth, Gwinnett, Cherokee and Cobb Counties

GET YOUR Case Evaluation

Atlanta Divorce Attorneys

Divorce is never easy. It is challenging and difficult and impacts the financial, mental, and emotional aspects of your life. While you are making some of the most important decisions you will ever have to make in your life, you will also be grieving for your relationship. It also affects everyone around including friends, your children, and other family members. Your life will be changing significantly.

family going through tough timesThe compassionate attorneys at Vayman & Teitelbaum PC are fully dedicated to providing excellent legal representation for you during this very difficult time. We will provide you with the support and resources you need to help to alleviate your concerns. Our goal is to reduce your stress throughout the whole process of your Atlanta divorce.

During the divorce process, you definitely don’t need to have deal with all of the stress of trying to understand the legal process and all of its complexities. You will need to consider starting life out by yourself, your financial future, and your children. Allow the legal specialists at Vayman & Teitelbaum PC to help you understand the Divorce Laws in Georgia. Our extensive experience means you can be confident that you will receive high-quality legal representation and support. Let’s get this new chapter of your life started with the least amount of stress and worry.

Call the Vayman & Teitelbaum PC at (404) 390-2994 for a Case Evaluation.

The Core Areas of Your Divorce

Every divorce will be unique because of the experience and relationship of the involved parties. Although we carefully handle every case, there are core aspects that you will need to become familiar with throughout the legal process of your divorce.

Child Custody

Mother with Baby

The child custody process is very stressful and long for all of the children involved. In situations where the parties are unable to agree on a child custody decision, the court will prioritize the best interest and well-being of the child.

The 2010 Georgia Code on Child Custody Proceedings says that the state determines the best decision keeping in mind the child’s welfare and happiness. The decision is based on numerous factors which include, but are not limited to the following:

  1. The current emotional ties that bind the child and parents.
  2. The ability of each of the parents to provide the child with love, affection, and guidance. It includes the ability of each of the parents to be able to continue the child’s education and rearing.
  3. The parent’s knowledge and familiarity of their child and her/his needs.
  4. The ability of each of the parents to provide their child with daily needs, medical care, clothing, food, and other forms of basic care.
  5. The home environment of each of the parents, including its promotion of nurturance and safety.
    The significance of the child’s life having continuity, including a satisfactory and stable environment.
  6. Each parent’s family unit, including community support systems that benefit the child
    Each of the parent’s mental and physical health.
  7. The parent’s involvement in the child’s educational, extracurricular, and social activities.
    Future and past performance of parental responsibilities.
  8. The child’s relevant records, including community, school, and home. Also included are any special or health needs that the child has.

If the child is 14 years old, the child can choose which of the parents will be the physical custodian, unless it is determined by the court that it would not be in the child’s best interest for that parent to be the custodian.

Other factors to consider include parental alienation, parental employment, moving, co-parenting, substance abuse, alcohol, and physical abuse.

Asset Division

Division of assets

During a divorce, under Georgia law, each of the spouses is entitled to receive an equitable division of the marital property that was acquired during their marriage. However, equitable does not always mean things are divided into equal shares but instead is a fair division of assets and property. The division of property will be determined by either a judge or an agreement reached by the spouses.

Marital property is considered to be any assets that were acquired during a marriage, even if it was earned by only one of the spouses. Only marital property, defined under the law, will be subject to the equitable division of assets. They are not limited to but include the following:

  • Debts including credit cards, taxes, and mortgages
  • Business properties
  • Retirements accounts like IRAs, 401ks, and pensions
  • RSU, stock options, and investments
  • Vehicles
  • Furniture
  • Income including checking and savings accounts
  • Real estate including rental properties and homes

Separate properties refer to assets that were acquired prior to the marriage. Properties that are acquired during a marriage may be considered to be separate properties as well under certain conditions such as gifts or an inheritance.

Child Support

child support attorneys

In Georgia, both parents are responsible for providing for the protection, maintenance, and education of their children. The court will ensure that both of the parents continue with the responsibilities they have for their children. Typically, child support involves the non-custodial pares making payments to the custodial parent.

Child support is usually paid either monthly or bi-monthly until a child has reached the age of maturity. Neither the receiving or paying parent can waive child support since it is for the child and belongs to her or him.

Complex computation is used to determine child support either through a dispute to a judge or jury or through an agreement between the parties. The computation involves comparing the income of each of the parents and child’s unique needs.

Alimony

woman at work

Alimony refers to the legal responsibility of a party to provide their ex-spouse with financial support after or during the divorce. It is especially essential if one of the spouses needs financial and economic support. There are two primary factors that alimony depends on: the ability to pay and need.

The courts in the state of Georgia have broad discretion for determining the alimony amount. Alimony does not have any specific formula. However, the following factors are used to determine it:

  • How long the marriage was and the standards of living that were established during the marriage.
  • Both parties age, including their emotional and physical health.
  • Each spouse’s financial resources.
  • Each of the party’s debts, earning capacity, and estates
  • Education of the party and time needed to find employment
  • The contributions made to the marriage by each of the parties such as child care, career-building, education, homemaking, and other types of contributions.
  • Other factors that the court determines.

Alimony, like child support, may be determined by a judge or decided during a settlement.

Let’s Talk Now- Case Evaluation

Georgia Family Law Attorneys

Vayman & Teitelbaum PC is your legal support whether you are already filing for divorce or you are still deciding. We have the experience and the resources that you need during the entire legal process. Legal information is your key to painless and smooth divorce process between you and your spouse. Our Atlanta family law attorneys provide Case Evaluations so you can make sure we are the right fit for your needs.

Call Vayman & Teitelbaum PC now at (404) 390-2994 for your Case Evaluation.