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Custody battles are never easy. They're just about the most contentious part of any divorce, and it's important to work with an experienced custody attorney in Atlanta, GA to ensure that you are fully prepared to fight for what's best for your child and for your own rights as a parent. Working Through Your Goals and Priorities Every custody battle is a bit different, and every parent has different goals. The first step will be sitting down with your lawyer and thinking through carefully what you want and how it aligns with the standard that the court will apply: the best interests of your child. more When the court says it's primary concern is the "best interest of the child," what does that mean? Some of the factors that the court will consider will include the emotional ties that the child has with you (and with the other parent), your ability to provide for your child's needs (including evaluating the state of your own physical and mental health), any history of domestic violence or substance abuse, and how deeply embedded the child is in their current living situation. Once you have considered all these factors, you'll be in a good place to start positioning yourself for this custody battle. Gather All Relevant Evidence With your goals in place, the next step is to gather all the evidence required to show why your plan for your child is the best one. Some of what you'll need will include school and medical records, your own financial information to show that you are capable of providing, and any records of domestic violence or abuse on the part of the other parent. It will also help if you keep a sort of journal or diary tracking the time you spend with your child and what you've been doing, as this will show how active you are in your child's life. If you have communication with the other parent through text messages or email, this can also be helpful either in demonstrating that you are willing to cooperate or in showing that the other parent is not. Develop a Parenting Plan You may be seeking sole custody of your child, but it's very rare even in cases of sole custody for the other parent to be denied any interaction at all. This means that you will need to have a plan in place for how to arrange for visitation, and possibly also for decision-making and resolving conflicts. Your lawyer will help you hash out a plan that meets your goals and is appropriate to the situation, and a lawyer understands what the court is looking for and can help you outline, prove, and present your plan to demonstrate that it is in your child's best interests.If you are in the midst of a custody battle or anticipate one, don't try to go it alone. Contact us now at South Atlanta Family Law in Stockbridge, GA, where we represent clients throughout the greater South Atlanta area.

When you face a divorce or a custody dispute in Atlanta, GA, it is important to understand your rights as a parent under state law. At South Atlanta Family Law, a trusted custody attorney from our team will work with you to protect your role in your child's life. Custody decisions are based on legal standards that focus on the child's best interests, but you still have specific rights that courts must respect throughout this legal process. Support From a Custody Attorney in Atlanta, GA: Legal and Physical Custody Defined In Georgia, custody includes two parts: legal custody and physical custody. Legal custody gives you the right to make major decisions about your child's life, including education, health care, extracurricular activities, and religion. Physical custody determines your child's permanent residence. Courts can award joint or sole custody in both categories. more If the court grants joint legal custody, both parents usually share the decision-making responsibility. In many cases, one parent may have final decision-making authority in certain areas, even when both parents are expected to consult with each other. Your custody rights include the ability to participate in these decisions, and the court expects both parents to work cooperatively unless there is a valid reason why this cooperation is not possible. An experienced attorney will evaluate the documents you provide to determine the most viable custody agreement. Factors That Affect Custody Decisions Georgia courts consider several factors when deciding custody. These include your child's relationship with each parent, each parent's ability to care for the child, the stability of each home environment, and how well each parent can support the child's emotional and developmental needs. If your child is 11 or older, the court may also consider their preference, although that is not the only factor. In cases where the child is over 14, their stated preference carries an ever greater weight. You have the right to present evidence and arguments in court to show that your custody proposal serves your child's best interests. This includes testimony, school records, health information, and your own description of your role in your child's life. If you have been the primary caregiver or have a history of active involvement, that will carry weight in the court's analysis. Parenting Time and Access Even if you do not receive primary physical custody, you have the right to reasonable parenting time. Georgia law encourages meaningful contact between children and both parents unless there is a safety concern. If the court limits your time, it must explain the reasons clearly. You also have the right to request changes to a custody order if there has been a material change in circumstances and a modification would benefit your child. You also have the right to receive important information about your child, such as school records, medical updates, and extracurricular activities. Even if you are not the custodial parent, you should stay informed and involved. Georgia courts recognize the importance of both parents remaining active in their child's life. You have clear custody rights under Georgia law, including the right to share in decision-making and to have a relationship with your child. Schedule a consultation with us today at South Atlanta Family Law in Atlanta, GA, to take the necessary legal initiative to be involved in your child's life.

A contested divorce in Georgia can involve significant time, lots of legal procedures, and incredible emotional strain. When you and your spouse cannot agree on one or more key issues, such as child custody, property division, or alimony, the court must step in to resolve the dispute. At South Atlanta Family Law, we work with clients in the Atlanta area to ensure that they are informed, prepared, and represented during every stage of the contested divorce process. more From a Divorce Attorney in Atlanta: What Should I Know Before Pursuing a Contested Divorce? The Legal Process A contested divorce begins when one spouse files a complaint for divorce and the other responds with significant opposition. The case proceeds through a series of court-required steps that can include discovery, temporary hearings, mediation, and ultimately a trial if no settlement is reached. Georgia law requires both parties to provide financial disclosures and documentation, and these will be used to determine an equitable distribution of your assets and other issues. Unlike uncontested divorces, these cases often require court involvement from the early stages. Temporary hearings may be held to decide custody arrangements, the use of shared property, or even financial support while the divorce is pending. The outcome of these hearings can influence the direction of the case and your options during negotiations, so having a good legal mind behind you can make all the difference, even early on. Evidence Gathering During a contested divorce, both parties have the right to obtain information through discovery. Discovery plays a central role in contested cases because it helps uncover facts about income, assets, debts, and any matters relevant to custody or spousal conduct. You should be prepared to produce bank records, tax returns, mortgage statements, and other personal financial documents. A divorce attorney in Atlanta can help you gather any materials that might have an impact on your case. If children are involved, both parents may be asked to provide documentation and testimony related to parenting history, daily responsibilities, and their ability to meet the child's needs. Gathering the right evidence early in the process can strengthen your position and provide your divorce attorney in Atlanta with the tools needed to represent you effectively in negotiations or court. Custody and Parenting Time Considerations Georgia courts evaluate custody issues based on the best interests of the child. If custody is contested, the court may order evaluations or appoint a guardian ad litem to investigate and make recommendations. You should be aware that the court considers each parent's involvement, parenting skills, work schedule, and ability to co-parent when deciding legal and physical custody. Contested custody disputes can become emotionally charged, and we advise clients to maintain clear communication and focus on their child's well-being throughout the proceedings. Your conduct during the divorce, both in court and outside of it, can greatly affect the outcome of your custody arrangements. If you are considering a contested divorce, schedule a consultation with us today at South Atlanta Family Law, serving clients in Stockbridge, McDonough, and the surrounding areas.

Your Legal Options When Someone’s in Contempt Sharing custody of your children after a separation or divorce isn’t always easy—but it’s especially difficult when one parent starts disregarding the court order. Whether they’re constantly late, withholding visitation, or flat-out ignoring the terms of your agreement, it’s not just frustrating—it’s a legal issue. So, what can you do when your co-parent isn’t following the custody order? Let’s break down your rights and options under Georgia law. What Counts as Violating a Custody Order? Georgia courts take custody orders seriously. When one parent fails to follow the agreed-upon schedule, it’s considered a violation—and in many cases, grounds for contempt of court. more Common violations include: Denying scheduled visitation or parenting time Refusing to return the child on time Making major decisions without joint consent (when joint legal custody is in place) Failing to communicate about the child’s well-being as required Even subtle patterns—like frequent “miscommunications” or last-minute cancellations—can signal a larger issue of noncompliance. What Is Contempt of Court? When someone disobeys a court order, they can be found in contempt. This is a legal finding that can carry serious consequences, including: Fines Attorney’s fees Make-up parenting time Jail time in extreme cases Before filing for contempt, it’s important to document each violation clearly—dates, missed visits, messages, and any proof of refusal. The court needs to see a pattern, not just a one-time mishap. When Should You Take Legal Action? If attempts to communicate or mediate with your co-parent haven’t worked, legal action may be necessary—especially if the violations are consistent or escalating. Filing for contempt sends a clear message: The custody order is not optional. It’s enforceable, and your rights matter. This is where working with a family law attorney becomes essential. At South Atlanta Family Law, we help parents build strong cases with the documentation and legal insight needed to stand up in court. What If You’re Being Accused of Contempt? On the flip side, if your co-parent claims you are the one violating the order, take it seriously. Review the terms of your custody arrangement carefully. If you believe the order is unclear, outdated, or no longer in the child’s best interest, you may need to seek a modification— not ignore it. We always recommend speaking with an attorney before the situation escalates. A calm, informed response can go a long way in resolving conflict—and protecting your relationship with your child. Tips to Stay on Track (and Keep Records) Use parenting apps like OurFamilyWizard, TalkingParents, or AppClose to log communication and exchanges. Stick to the court-ordered schedule—even when it’s inconvenient. Keep all texts, emails, and logs of violations or disputes. This kind of consistency helps build credibility—whether you’re defending yourself or holding the other parent accountable. Final Thoughts Custody orders are there to protect the child—and uphold both parents’ rights. When your co-parent doesn’t take the agreement seriously, you don’t have to tolerate it. You deserve a parenting plan that’s honored—and a partner who plays by the same rules. If you believe your co-parent is violating your custody order, let’s talk through your options. Whether it’s enforcing the order, filing for contempt, or requesting a modification, we’re here to advocate for your family’s best interest. Call us today at 404-494-0027 or visit www.southatlantafamilylaw.com to schedule a consultation.

Telling your kids about a divorce is one of the hardest conversations you'll ever have. It's emotional, uncertain, and there's no script that fits every family. But the way you approach the conversation—and the way you continue to support your child through the changes—can have a major impact on their emotional well-being. At South Atlanta Family Law, our family law attorneys understand the deep importance of protecting your child’s heart as much as their future. That’s why we’ve created this guide: to help you talk to your children about divorce in a way that’s thoughtful, age-appropriate, and emotionally supportive. more Why Age Matters Children experience and process change differently depending on their age and developmental stage. What a preschooler needs to hear is very different from what your teen needs. No matter their age, though, your honesty, stability, and reassurance matter most. Let’s walk through what to say—and how to say it—based on your child’s age. Ages 0–4: Toddlers and Preschoolers How They Understand Divorce: Very young children don’t grasp the concept of divorce. They’re focused on routine, safety, and their relationship with you. They may notice changes in who’s at home, who puts them to bed, or whether both parents are around at once. What to Say: Keep it very simple and concrete. Avoid abstract explanations. “Mommy and Daddy are going to live in different homes, but we both love you so much, and that will never change.” Tips for This Age Group: Stick to routines as much as possible Offer extra cuddles and reassurance Use books and toys to help model family changes Expect clinginess or sleep changes—it’s normal Helpful Tool: Read books like “Two Homes” by Claire Masurel to help your toddler understand in simple language. Ages 5–8: Early Elementary School How They Understand Divorce: Children in this age group start to understand relationships and rules. They may worry that they did something to cause the divorce or fear abandonment. They also thrive on structure and may struggle with changes to their living arrangements. What to Say: Be clear, consistent, and calm. “We both love you so much. We’re not getting along as a couple, so we’re going to live in different houses. You didn’t do anything wrong, and we will always be your parents.” Tips for This Age Group: Reassure them often that they are not to blame Be ready to answer the same questions more than once Give them a basic idea of the new routine (where they’ll sleep, when they’ll see each parent) Encourage them to talk or draw about their feelings Helpful Tool: Create a calendar with your child so they can see which days they’ll be with each parent—it gives them a sense of control. Ages 9–12: Tweens How They Understand Divorce: Tweens are more aware of adult emotions and may try to take sides or “fix” things. They may express anger or blame one parent. They can also feel deep sadness or anxiety about how life will change. What to Say: Be honest, but age-appropriate. Don’t overshare or put them in the middle. “We’ve made the decision to live separately because it’s what’s best for our family right now. We know it’s a big change, and we’ll get through it together. We’re both still here for you.” Tips for This Age Group: Don’t speak badly about the other parent Allow them space to express feelings—even hard ones Encourage healthy outlets like journaling, sports, or art Stay involved in school, hobbies, and their social life Helpful Tool: Consider letting them talk to a counselor or join a divorce support group for kids their age. Ages 13–18: Teenagers How They Understand Divorce: Teens are emotionally and intellectually more advanced—but that doesn’t mean it’s easier for them. They may question your decisions, feel betrayed, or become withdrawn. They’re also deeply concerned with independence and peer acceptance. What to Say: Speak to them with honesty and respect. Acknowledge their maturity, but don’t burden them with your adult issues. “This wasn’t an easy decision, and it’s not something we took lightly. We’re still your parents, and we’re still here for you. If you ever need to talk, we’re ready to listen.” Tips for This Age Group: Give them space, but stay emotionally available Don’t rely on them as a therapist or emotional crutch Involve them in decisions that directly affect their lives, like living arrangements or schedules Watch for signs of depression, acting out, or withdrawal Helpful Tool: Let them choose a private therapist or trusted adult they can talk to if needed. What All Ages Need to Hear Regardless of age, children need the same core messages: “This is not your fault.” “You are safe and loved.” “We will both still be here for you.” “It’s okay to feel sad, angry, or confused.” Repeating these truths often and consistently goes a long way in helping them feel grounded. Divorce doesn’t have to destroy your child’s sense of safety or self-worth. In fact, when handled with care, honesty, and support, it can teach resilience, emotional awareness, and the power of healthy boundaries. At South Atlanta Family Law, we believe that protecting your family’s emotional well-being is just as important as protecting your legal rights. If you’re navigating divorce and not sure how to support your children through it, we’re here to help. Call us at 404-494-0027 or visit www.southatlantafamilylaw.com to schedule your consultation. Let’s make a plan that prioritizes your children—legally and emotionally—every step of the way.

When you’re facing a family law issue—whether it’s divorce, custody, or child support—there’s a lot on the line. You may feel overwhelmed, unsure of your next step, or even hesitant to talk to a lawyer at all. At South Atlanta Family Law, we understand that. That’s why we want to be clear: your consultation with our Stockbridge family law attorneys, isn’t just a conversation—it’s the first step toward clarity, strategy, and peace of mind. Here’s why that one hour can make all the difference in your legal journey. more It’s Not Just Talk—It’s Strategy When you schedule a paid consultation with us, you're getting more than a meet-and-greet. You're getting time with a legal professional who’s listening, evaluating, and offering insight that’s tailored to you. During your consultation, we will: • Review the facts of your situation • Identify what legal options are available to you • Explain the court process and what to expect • Answer your specific questions—no generic advice here • Lay out next steps that make sense for your unique circumstances Example: You may come in thinking you need to file for full custody. After our conversation, you might walk out with a completely different—and more effective—plan for achieving the outcome you actually want. We Help You Understand Your Rights (and Your Risks) One of the biggest mistakes we see is people making decisions based on emotion or misinformation. They wait too long to file, agree to something that hurts them later, or assume the court will work things out fairly without their involvement. Your consultation gives you a reality check—in the best way. We’ll walk you through: • What the law says in Georgia about your issue • Where you have leverage (and where you don’t) • How to protect yourself now to avoid bigger problems later Understanding your rights means you can act from a place of confidence—not fear. We’re Here to Empower, Not Pressure We get it—hiring a lawyer is a big step. That’s why our consultations are structured to empower you with information, not pressure you to retain us. Whether you decide to hire us on the spot or take time to think it through, you’ll walk away with: • Legal knowledge specific to your case • A clear sense of your legal path • Peace of mind knowing you're not alone in this For many of our clients, that hour is the first time they’ve felt heard and understood in the entire legal process. The Value of One Hour Let’s be honest: legal consultations aren’t free because real legal work begins the moment we sit down together. That hour is focused solely on your situation and packed with value, including: Risk assessment Legal education Process breakdown Case-specific insight Time-saving tips Goal setting and next steps It’s not just information—it’s direction. That’s why so many of our clients say, “I finally feel like I know what to do.” You Deserve to Start With Confidence You don’t have to fumble your way through legal uncertainty. You don’t have to guess your way through court forms or agreements. And you definitely don’t have to settle for a generic consultation that leaves you with more questions than answers. At South Atlanta Family Law, we’ve helped countless individuals turn a single hour into a long-term legal solution. Whether you're facing divorce, child custody issues, or just unsure what to do next, your consultation is where your plan begins. Call us at 404-494-0027 or visit www.southatlantafamilylaw.com to book your consultation. Let us help you shift the course of your legal path—one focused hour at a time.

Explaining the Numbers and the Process in Plain English Navigating child support can feel overwhelming—whether you're the one paying it or receiving it. Between legal jargon, calculators, and court hearings, the process can seem anything but straightforward. But it doesn’t have to be. At South Atlanta Family Law, we believe in giving you real answers in plain English—so you know what to expect, how decisions are made, and how to protect your family’s future. Let’s walk through how child support is calculated in Georgia, what factors are considered, and what you should be doing right now to make sure you're prepared. more What Does Child Support Actually Cover? Many people assume child support is just for food or school supplies—but it goes much deeper. In Georgia, child support is meant to cover a broad range of a child’s basic needs, including: Housing and utilities (rent, mortgage, electricity, etc.) Food and groceries Clothing and shoes Healthcare and medical insurance premiums Educational expenses (school fees, books, supplies) Childcare and daycare costs Transportation needs Extracurricular activities (in some cases) This doesn’t mean the receiving parent must show receipts or account for every dollar—it’s presumed that the funds are used to support the child’s lifestyle in a reasonable way. 📝 Tip: If you're the paying parent, it’s a good idea to keep a record of payments and communication, even if you’re paying informally or outside the court system. Avoid cash payments when possible and use traceable methods like direct deposit, checks, or approved online portals. How Georgia Calculates Child Support: The “Income Shares” Model Georgia uses an “ income shares” model to calculate child support. This approach estimates how much money both parents would spend on their children if they lived together, and then splits that amount based on each parent’s income and other relevant factors. Here’s how the process typically works: Step-by-Step Breakdown: Determine Each Parent’s Gross Monthly Income This includes: Wages and salary Bonuses and commissions Unemployment benefits Disability income Social Security income Rental income Self-employment income Add Both Incomes Together This gives the total combined gross monthly income of both parents. Consult the Georgia Child Support Obligation Table The table sets a basic amount based on the total income and the number of children. Divide the Obligation by Income Share Each parent is assigned a percentage of the total support obligation based on how much they contribute to the total combined income. Apply Adjustments for Additional Costs These can include: Health insurance premiums for the child Work-related childcare costs Extraordinary medical expenses Private school tuition (if agreed upon) Long-distance visitation travel Final Support Amount Is Determined Once everything is factored in, the non-custodial parent typically pays the custodial parent their share of the support. 📝 Tip: Georgia offers a free Child Support Calculator on its state court website to give you an estimate. But remember—it’s only a guide. Judges can deviate from the formula depending on your circumstances. Factors That Can Change the Amount Not all cases are the same. Here are some common scenarios that can affect how much support is ordered: Shared or Joint Custody: If both parents have nearly equal parenting time, the court might adjust the support amount. High-Income Earners: For parents with very high earnings, the guideline amount may be increased—or capped—depending on the judge’s discretion. Multiple Families: If a parent supports children from a previous or new relationship, this may impact their support obligations. Special Needs: Children with disabilities or high medical needs may require additional support beyond the standard amount. How Long Does Child Support Last in Georgia? In most cases, child support ends when the child: Turns 18, or Graduates from high school (whichever happens later) But support will not continue past the child’s 20th birthday, even if they’re still in school However, support can end earlier if: The child becomes legally emancipated The child gets married The child joins the military 📝 Tip: If your child is about to turn 18 or graduate, don’t assume payments stop automatically. You may need to file a motion to formally terminate support. We can help guide you through that process. What If Your Financial Situation Changes? Life happens—job loss, pay cuts, medical emergencies. If your financial situation significantly changes (or your co-parent’s does), you can ask the court for a modification. Modifications are allowed when there’s a substantial change in circumstances, including: Job loss or change in income Changes in custody or visitation New financial obligations Medical issues affecting either parent or the child 📝 Tip: You cannot change support through a verbal agreement with the other parent. Modifications must be approved by the court to be legally binding. What Happens If Someone Doesn’t Pay? Failure to pay child support in Georgia can lead to serious legal consequences: Wage garnishment Interception of tax refunds or stimulus checks Suspension of driver’s or professional licenses Liens on property Contempt of court charges (which may result in jail time) If you’re not receiving court-ordered child support, don’t wait too long to take action. Our team can help you file an enforcement motion to hold the other parent accountable. Helpful Tips for Parents on Either Side of Child Support ✅ Document Everything: Keep receipts, communication, and a timeline of changes in custody or finances. ✅ Be Proactive: File for a modification as soon as circumstances change—don’t wait until you’re behind. ✅ Use Digital Tools: Apps like OurFamilyWizard, TalkingParents, or SupportPay can help streamline communication and track support payments. ✅ Avoid Cash Payments: Always use traceable methods for payments. ✅ Don’t Rely on Informal Agreements: Even if you agree to reduce payments, it won’t protect you legally unless it’s approved by the court. Final Thoughts Child support in Georgia doesn’t have to be confusing or confrontational. With the right guidance, you can understand your rights, plan for your child’s needs, and avoid common mistakes. At South Atlanta Family Law, we help parents navigate every step—from calculating the correct amount to requesting a modification or enforcing an order. We’re here to make sure the numbers add up—and that your child’s best interests always come first. 📞 Call us today at 404-494-0027 or visit www.southatlantafamilylaw.com to schedule your consultation. Let’s make sure your child gets the support they deserve—and that you’re protected every step of the way.

A Breakdown of Real Property Decisions During Divorce in Georgia When a marriage ends, the decisions ahead can feel overwhelming—especially when it comes to your home. It’s more than just a structure. It’s your stability, your memories, and often your biggest financial asset. One of the most common (and stressful) questions we hear from clients is: “Can the judge really force us to sell our house?” If you’re going through a divorce in Georgia, here’s what you need to know about how real property is handled—and what you can do to protect your interests. Understanding Marital vs. Separate Property in Georgia In Georgia, property division starts with identifying whether the home is marital or separate: Marital property includes any asset acquired during the marriage—including the family home (even if only one name is on the deed). Separate property is usually property acquired before marriage, or through inheritance or gift solely to one party. Why does this matter? Because only marital property is subject to division by the court. more How Georgia Courts Handle Property Division Georgia follows the principle of equitable distribution, which doesn’t mean everything is split 50/50. Instead, courts aim to divide property in a way that is fair based on each person’s financial and non-financial contributions. If spouses can’t reach an agreement, the judge steps in. And yes, that can include ordering the sale of the home. Can a Judge Really Force the Sale? The short answer: Yes. Under Georgia law, a judge can require the sale of the marital home if it’s the fairest option for both parties. Here are some common reasons a judge might make that call: Neither spouse can afford to keep the home on their own. Selling the home is the only way to divide the equity. There’s too much conflict to allow one spouse to stay. Financial strain or foreclosure is likely without a sale. If one spouse wants to stay, they may need to buy out the other’s share or refinance the mortgage to remove the other from liability. What If Kids Are Involved? If there are minor children, courts may allow one parent to remain in the home temporarily if it provides consistency for the children. But remember, possession isn’t ownership. A court can still order the house to be sold down the line once it's no longer in the child's best interest. Ways to Protect Your Interests Your home is a valuable asset. If you want to advocate for your interest in it, preparation is key: Document everything: Mortgage payments, home improvements, who paid what. Understand your options: A skilled attorney can help you explore alternatives to a forced sale. Consider settlement: Reaching a fair agreement outside of court can give you more control over the outcome. We’ve guided many clients through tough property decisions—and we’re here to help you, too. Final Thoughts Dividing a home during divorce is never easy. But with the right legal guidance and preparation, you don’t have to feel powerless. Whether you're fighting to keep the home, trying to protect your financial future, or just need clarity on your options, South Atlanta Family Law is here for you. We believe in helping you take informed steps with confidence and dignity. Have questions about how your property will be handled in a divorce? Let’s talk. 📞 Call us at 404-494-0027 or visit www.southatlantafamilylaw.com to schedule your consultation.

If you're in the Atlanta area and are contemplating a divorce, a divorce attorney in Atlanta can help you understand the difference between uncontested and contested divorces. How Do Contested Divorces Differ From Uncontested Ones? Uncontested Divorce An uncontested divorce is when both spouses are on the same page for all the main terms of the divorce. This means that they generally agree about how to divide their property and debt, who gets custody of the children and who pays child support, and alimony, if applicable. An uncontested divorce is generally faster and less expensive, and it's usually less stressful since there are no long battles in court. more In Georgia, the process for an uncontested divorce is fairly straightforward: the spouses reach an agreement about the terms, one spouse files a petition for divorce, and the other spouse signs an acknowledgment of being served the divorce papers as well as the settlement agreement. It can take as little as 31 days from the time of filing for the process to be finalized. Contested Divorce A contested divorce is when spouses cannot agree on one or more main issues. Often, these are disagreements over who should have primary custody of the children, who gets the house, or how much alimony is fair. In Georgia, if spouses cannot agree on the terms of the divorce, a more formal legal process is required. After one spouse files the initial petition for divorce, the other spouse will be served. There is a required wait time of 30 days. If the spouses have still not reached an agreement before that 30 days is up, then the divorce will proceed into the legal steps of a court case: discovery, mediation, and, if still unresolved, a trial, where a judge will make the final decision to resolve the disagreements. Contested divorces can take a long time, often months and even years. “No-fault” vs “Fault” Grounds for Divorce Both uncontested and contested divorces can be filed on “no-fault” grounds or “fault” grounds, although contested divorces are more likely to involve allegations of fault. No-fault grounds are often something like “irreconcilable differences.” Serious allegations, such as abuse or marital infidelity, are often bases for fault-based divorces. The grounds for divorce do not necessarily affect the division of marital property. Georgia law requires that marital property be divided equitably, meaning fairly but not necessarily equally. This can complicate contested divorces further since spouses may have difficulty agreeing as to what is fair. Consult with a Divorce Attorney in Atlanta Before you head into a divorce, it is good idea to consult with a lawyer first. They can help you understand whether your goals are realistic, and, of course, will help with all the legalities, so any agreement you and your spouse reach is fair to you and also acceptable to the court. It is also very wise to have someone on your side who is emotionally separate from the situation and can negotiate with your spouse. They can also help keep you focused on your future, when you're dealing with the tunnel vision that inevitably arises in the midst of divorce. If you are facing a divorce or may be in the near future, reach out to us at South Atlanta Family Law in Stockbridge, GA.

If you are in the Atlanta area and involved in a difficult divorce, a family law attorney in Atlanta may be able to help you mediate with your spouse. What Role Does a Family Lawyer Play in Divorce Mediation? Offers Legal Guidance During mediation, both spouses work together with a neutral third-party to discuss property division, child custody, support payments, and other issues. A family lawyer helps to make sure that whatever terms are being discussed comply with state law, as well as fall within their client's rights. They help explain what is legally possible, and what may not be acceptable in court from a legal point of view. Advocates for Fair Solutions Mediation is a collaborative process, but it can be challenging at times when both sides do not see eye to eye. A family lawyer is an advocate for their client during those moments of disagreement and works to help both sides come to a fair agreement. more Helps with Communication and Negotiation A family lawyer can help both sides communicate with each other, acting as a go-between when direct communication is not possible or is difficult. They can not only help keep the conversation focused on the key issues but can also negotiate with the other spouse, framing proposals in a way that may be more likely to be accepted. Protects Clients from Unfair Agreements In mediation, one of the most important roles of a family lawyer is to protect their client from an unfair or unenforceable agreement. A poorly drafted divorce agreement can have long-term consequences, since divorce agreements are legally binding. A family lawyer will make sure that any agreement made during mediation is clear and enforceable, not to mention in their client's best interest. Prepares for Court If Mediation Fails Not all mediation results in resolution. If the mediation process fails, then the family lawyer will help the client consider whether it's best to go to court. If the decision is to proceed with litigation, then they will help the client get ready for court. Getting ready for court means gathering the evidence that is needed, preparing arguments for defending the client, and preparing the client to present well in court. Look for an Experienced Family Law Attorney in Atlanta When hiring a lawyer, look for someone with experience in cases similar to yours. You also want a lawyer whose personality and character lends itself to peaceful resolution. Pay attention to their communication style when you first meet, and ask questions about how much they communicate with their clients and how often. Think about whether you feel comfortable trusting this person with personal details, and if they seem like they will be able to provide you with emotional support throughout the difficult process of divorce. If you need help with mediation or other aspects of divorce, reach out to South Atlanta Family Law in Stockbridge, GA, for legal advice and support.

Another option is mediation, which is when a neutral third party helps you and your spouse negotiate an agreement. However, if you are unable to work it out on your own, the court will step in to make the final decision on asset division. You and your spouse may choose to work out how to divide your assets on your own and just submit your final agreement to the court for final approval. You might use a collaborative divorce process, where both of you and your family law attorneys sit down and work together to reach a fair settlement. more Separate vs. Marital Property A court will want to know what is marital property and what is separate. Marital property is generally anything acquired during the marriage and therefore belongs to both spouses. Anything that was owned by one party prior to the marriage would be considered separate property and not subject to asset division in a divorce. Separate property would also be any gift or inheritance that was received by only one spouse during the marriage. Equitable Distribution in Georgia In Georgia, assets are divided equitably but not necessarily equally. This means that there isn't a straight 50-50 split of assets. Rather the court will consider a number of factors and then determine what would be a fair distribution. Factors in Determining Equitable Distribution Length of the Marriage If a marriage has been longer, a court may decide to divide assets more evenly with the assumption that both spouses were responsible for the accumulation of wealth. For a shorter marriage, a court may decide on a less even split based on what was brought into the marriage. Contributions to the Marriage A court will consider what each spouse has contributed to the marriage, both financially and non-financially. For example, the contributions of a spouse who stayed at home and raised children will be considered of equal value to those of a spouse who worked outside the home in most cases. Economic Circumstances A court may also factor in the economic circumstances of each spouse post divorce. If a spouse will be in a significantly worse financial position after the divorce, the court may allocate more to that spouse. Debt Responsibility A court will look at liabilities, i.e., the debts acquired during the marriage, such as mortgages, loans, and credit card debts. These debts are the responsibility of both parties even if only one spouse incurred the debt, except in very rare cases. The courts will attempt to make an equitable split of these, as well, and will take into account the way debt is divided when considering how to divide assets. If you need assistance with a divorce, reach out to our Stockbridge family law attorneys at South Atlanta Family Law for advice and support.

If you are trying to work out important questions of alimony, custody, and asset division in Atlanta, GA divorce, talking with an experienced divorce and custody attorney is the best way to be sure you understand all your rights and reach a divorce settlement that is in your best interests. From a Divorce and Custody Attorney: How Long Can Alimony Last After Divorce? In most cases, the court awards alimony payments monthly for a predetermined number of years. How long this lasts depends on many individual factors, and you will need to talk to an attorney to get specifics for your case. In general, the longer the marriage, the longer the alimony is likely to last, particularly if one party sacrificed their own career or never trained for one to begin with in order to keep the home or to promote the career of the other party in the marriage. more Other factors that will affect how long alimony lasts include the health of both the spouses, what other assets are available to them, and whether there are children: what are their needs, and what do custody arrangements look like? Again, these are all very individual situations, and only a lawyer can help you understand what you should ask for or what is fair to be paying. Sometimes, the courts award lump sum alimony payments rather than regular, periodic payments, but this is less common. Finally, couples can make their own arrangements for alimony, and provided a court signs off on these arrangements, they would be binding. When Can Alimony Terminate Early? There are three situations when alimony can be terminated early, unless there's an agreement between the spouses to the contrary. The first is if the receiving spouse remarries. At that point, he or she is no longer entitled to any alimony payments. However, it's important to realize that remarriage only affects the receiving spouse. The paying spouse must still continue paying even if they get remarried themselves. The second factor that could end alimony payments early is if the receiving spouse cohabitates with a romantic partner. Cohabitation does not automatically terminate alimony like a marriage would, but it does open the door, and the paying spouse can then petition the court for change or termination of alimony. Finally, if either of the ex-spouses die, alimony payments would terminate at that point. The estate of the deceased paying spouse is not responsible to continue paying alimony after the death of that spouse under normal circumstances. The only exceptions would be if the alimony was supposed to be a lump sum payment, in which case it will still need to be paid. And, as stated above, if the divorcing spouses have an agreement in place that payments will continue out of the deceased's estate, then they will. For more information on alimony and Georgia and for help in calculating possible alimony in your case, contact our alimony attorneys at South Atlanta Family Law in Stockbridge, GA for help in Atlanta, McDonough, Stockbridge, and all of Henry County.