Call Vayman & Teitelbaum PC now at (404) 390-2994 for 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.
The 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
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:
- The current emotional ties that bind the child and parents.
- 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.
- The parent’s knowledge and familiarity of their child and her/his needs.
- The ability of each of the parents to provide their child with daily needs, medical care, clothing, food, and other forms of basic care.
- 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. - Each parent’s family unit, including community support systems that benefit the child
Each of the parent’s mental and physical health. - The parent’s involvement in the child’s educational, extracurricular, and social activities.
Future and past performance of parental responsibilities. - 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
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
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
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.
Frequently Asked Questions
In Atlanta, the divorce process begins with meeting the six-month residency requirement, followed by filing a Petition for Divorce in the appropriate Superior Court. The non-filing spouse must be served, and they have 30 days to respond. Temporary orders can be requested, and both parties engage in discovery to exchange information. Settlement negotiations, mediation, or collaborative law are often attempted to resolve issues like property division and child custody. If an agreement can't be reached, the case goes to trial, where a judge makes the final decisions. The divorce is finalized with a court-issued Final Decree of Divorce.
In Georgia, to file for divorce, at least one spouse must have been a resident of the state for a minimum of six months prior to filing. Military personnel stationed in Georgia are considered residents for divorce purposes after being stationed there for at least one year. Additionally, a non-resident can file for divorce in Georgia if their spouse meets the six-month residency requirement.
In a Georgia divorce, property is divided based on "equitable distribution," aiming for a fair, though not necessarily equal, division. Marital property, acquired during the marriage, is divided, while separate property is typically excluded. The court considers factors like each spouse's contributions, the length of the marriage, economic circumstances, and any prenuptial agreements to ensure a fair distribution.
Yes, alimony can be awarded in Atlanta divorces. The court considers factors such as the length of the marriage, the standard of living during the marriage, the financial resources and needs of each spouse, each spouse's earning capacity, and contributions to the marriage (including homemaking and child care). The goal is to ensure that the dependent spouse can maintain a lifestyle reasonably similar to that enjoyed during the marriage. Alimony can be temporary or permanent, depending on the circumstances.
In Georgia, child custody and support decisions are based on the child's best interests. Factors considered include each parent's ability to meet the child's emotional, educational, and physical needs, the stability of each parent's home, the relationship between the child and each parent, and the parents' health and conduct. The court also considers the child's preferences, particularly if they are 14 or older. For child support, the court looks at each parent's income, the amount of time the child spends with each parent, and the child's specific needs, including healthcare and education.
The length of a typical divorce in Atlanta varies based on several factors, but it generally takes anywhere from a few months to over a year. An uncontested divorce, where both parties agree on all terms, can be completed relatively quickly, often within one to three months. Contested divorces, which involve disputes over issues like property division, child custody, and support, can take much longer, often six months to over a year, depending on the complexity of the case and the court's schedule. Mediation, discovery, and trial proceedings can extend the timeline.
In Georgia, alternatives to going to court for divorce include mediation, collaborative divorce, and arbitration. Mediation involves a neutral mediator helping the spouses negotiate an agreement. Collaborative divorce sees both spouses and their attorneys working cooperatively to settle disputes outside of court. Arbitration involves a neutral arbitrator making decisions on contested issues, which can be binding or non-binding. These methods can save time, reduce costs, and provide a more private and less adversarial process.
The cost to hire a divorce attorney in Atlanta can vary widely depending on the complexity of the case, the attorney’s experience, and the billing method. On average, hourly rates range from $200 to $500, with total costs for a straightforward, uncontested divorce ranging from $2,000 to $5,000. More complex, contested divorces can cost significantly more, potentially exceeding $10,000 to $20,000 or more, due to additional legal fees, court costs, and other expenses.
To prepare for a divorce in Georgia, gather and organize financial documents, such as bank statements, tax returns, and property records. Establish a budget and assess your financial situation. Consult with a divorce attorney to understand your rights and options. If children are involved, consider their needs and plan for custody arrangements. Additionally, avoid making major financial changes and try to maintain open communication with your spouse to facilitate a smoother process.
A divorce attorney guides you through the legal process of divorce, ensuring your rights are protected and helping you navigate complex legal issues. They assist with filing paperwork, represent you in negotiations and court proceedings, and provide advice on matters like property division, child custody, and support. Their expertise can help achieve a fair settlement, minimize stress, and avoid costly mistakes.
In Georgia, you don't need a specific reason to file for divorce, as the state allows for "no-fault" divorce based on the marriage being "irretrievably broken." However, you can also file for divorce on fault-based grounds such as adultery, cruelty, abandonment, and substance abuse, which may impact the division of property, alimony, and custody arrangements.
In Atlanta, a contested divorce occurs when spouses cannot agree on key issues like property division, child custody, and support, requiring court intervention to resolve disputes. An uncontested divorce happens when both spouses agree on all terms, allowing for a quicker, simpler process without extensive court involvement. Contested divorces tend to be more time-consuming, costly, and stressful compared to uncontested ones.
Yes, you can get a legal separation in Georgia. This is known as a "separate maintenance" action, where the court addresses issues like property division, child custody, and support without dissolving the marriage. This allows spouses to live separately and manage their legal and financial responsibilities while remaining legally married.
If you and your spouse cannot agree on key issues during the divorce process in Georgia, such as property division, child custody, or support, the case may proceed to trial. At trial, each side presents evidence and arguments to a judge who then makes decisions on these contested issues. The court's decision will be based on what it determines to be in the best interests of any children involved and the equitable distribution of marital property. It's advisable to work with legal representation to navigate the complexities of the court process and advocate for your interests effectively.
In Atlanta, retirement accounts and pensions accumulated during the marriage are considered marital property and subject to equitable distribution upon divorce. This means they are typically divided fairly, though not necessarily equally, between the spouses. The division process often involves obtaining a Qualified Domestic Relations Order (QDRO), which is a court order that outlines how retirement benefits will be divided between the spouses. Factors such as the length of the marriage and each spouse's contributions to the retirement account are considered in determining the division.
To protect your interests during divorce, start by gathering and organizing all financial documents, including bank statements, tax returns, and property records. Consider consulting with a divorce attorney early to understand your rights and legal options. Maintain open communication with your spouse where possible, but avoid making significant financial changes or decisions without legal guidance. Keep records of all communications and agreements, and be prepared to negotiate and compromise where necessary. Focus on achieving a fair settlement that considers your financial stability and the well-being of any children involved.
Yes, you can petition the court to modify a child custody arrangement after the divorce is finalized in Georgia. To do so, you typically need to demonstrate a significant change in circumstances that affects the child's welfare or the ability of one parent to care for the child. This could include relocation, changes in the child's needs, or concerns about the child's safety. The court will evaluate the modification request based on the best interests of the child, considering factors like the child's relationship with each parent, stability, and any parental misconduct.
Before starting the divorce process in Atlanta, GA, gather important documents such as recent tax returns, bank statements, mortgage documents, vehicle titles, insurance policies, and any prenuptial or postnuptial agreements. Collect information on assets and debts, including real estate, investments, retirement accounts, and liabilities. Additionally, compile records related to income sources, employment details, and monthly expenses. Having these documents and information organized will help your attorney assess your situation accurately and navigate the divorce process effectively.
Mediation can be a suitable option for divorce in Atlanta, providing several benefits. It allows spouses to work together with a neutral mediator to reach agreements on key issues such as property division, child custody, and support in a cooperative manner. Mediation often leads to quicker resolutions, reduced legal costs, and less emotional stress compared to contentious court battles. It also allows for more flexibility and control over the outcome, fostering better communication and preserving relationships, especially important when children are involved.
A divorce attorney plays a crucial role in negotiating settlements by advocating for their client's interests and ensuring that their rights are protected throughout the process. They assess the client's situation, gather necessary evidence and documentation, and advise on legal strategies to achieve favorable terms in property division, child custody, and support. Attorneys also engage in constructive negotiations with the opposing party or their legal representative, aiming to reach a fair and amicable settlement while preparing to litigate if necessary to secure the best outcome for their client.
Let’s Talk Now- Case Evaluation
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.