Couples rarely get into a relationship anticipating divorce to be part of their love story. Moreover, divorces can get a bit messy when either side feels the other has considerably wronged them. It is a process of parting ways marred with different hurdles, with the possibility of becoming a financial nightmare to the family if the divorce turns into a protracted battle.
Therefore, we highly advise against taking this issue lightly, especially if there are children involved. It is best to consider working with an experienced and reputable Fayetteville divorce lawyer.
If you are searching for a seasoned family law attorney in Fayetteville, Georgia, to help with your divorce process, we at Wade Law are here for you. We are familiar with the pain, stress, and confusion a divorce can have on a family. It can have its toll on the kids when the parents fight for custody, property ownership, and other things.
In some instances, one or both parents can see the anguish the kids endure and will want to settle matters as fast and amicably as possible; hence, the need to work with an accomplished and reliable Fayetteville divorce lawyer.
Call us at 770-282-1188 or use our contact form to schedule a non-obligatory initial consultation to learn how we can help.
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What Are the Grounds for Divorce in Georgia?
Most states in the US have the no-fault law for divorces; fortunately, Georgia is not a no-fault state. That means you or your spouse determining that legally part ways is for the best must do so based on certain factors.
At the top of the list is the both of you are confident your marriage is irretrievably broken. Other grounds for divorce in Georgia include desertion, cruelty, violence, chronic drug addiction, adultery, fraud/duress/forced union, mental incapacities, or criminal convictions, among others.
At Wade Law, we have a team of professionals that understand and have practiced family law for more than three decades. Therefore, we are confident that we are the best choice if you want legal counsel, guidance, advice, or representation in your divorce. Your attorney can file the divorce petition, citing irreconcilable differences or any other recognized grounds for wanting the divorce.
What Is a No-Fault Divorce?
While Georgia might not be a no-fault divorce state, it does not mean that this is off the table. It is an option that some couples will consider or choose. It is such a contested process. A partner does not have to accuse the other of doing something unpleasant to have grounds for wanting to separate.
Married couples in Georgia can cite different instances, such as irreconcilable differences, that the state’s laws acknowledge as sufficient reasons for filing for a divorce. However, not every reason will qualify. That is why you should work closely with an experienced divorce attorney if you want to end your marital obligations and ties with your partner.
What Is The Difference Between Physical and Legal Custody?
It is best to involve your children when you, as the parents, are fighting for custody. Deciding who gets the kids can be challenging, especially when they are still very young and do not fully comprehend why their parents are separating. Working with a seasoned Fayetteville divorce lawyer will be a wise move if you want to protect your little ones from your differences as you seek a means of settling the matter amicably.
The custody process can take two paths (physical custody and legal custody), and your attorney will help you understand what to expect and how you can shift things in your favor.
Most spouses with children will want this option, more so when they want sole custody. But it also can result in both parents sharing custody (joint custody) regarding who for the kids and where they will stay. The spouse who gets physical custody rights is legally expected to make vital decisions about the children’s education, health, and development. However, in a joint physical custody arrangement, both parents will share all aspects of their kid’s upbringing.
When you opt for legal custody, you and your spouse will share the rights to making essential decisions about your children’s welfare. It is primarily a joint custody arrangement with instances of sole custody arising based on the prevailing circumstances. Therefore, both parents will directly be involved in the responsibilities of caring for and developing their kids.
How Is Child Support Determined?
The parents’ income plays a significant role in determining each parent’s capacity to support the kids when determining custody. Also, each parent’s availability (time they spend with the children) is another crucial factor that the family court judge will consider along with the children’s age, wage deductions, past or existing alimony, who pays health insurance, and either parent’s contribution to the family’s expenses.
How Will The Property Be Split in the Divorce?
While the children will take the first spot in the list of things that spouses fight over when divorcing, the family’s estate will be the second most significant issue. But in our years of offering legal services to clients that want help with their divorce, we have seen how the fight for the family house, business, car, land, and other belongings can become a heated battle.
Most spouses will reach an impasse that impedes the chances of a speedy settlement of the divorce. But that is where we come into the picture, being experienced in family law thus able to help you and your partner find common ground when trying to split the family property as you also address child custody and spousal support.
We know that, in an ideal setting, the distribution of marital property is done equitably. However, some factors might influence who gets what. For instance, the pre-marital property might not be contested if the spouses agreed on ownership before marriage.
But our objective is to help you get an equal share of all the things that the family (you and your spouse) acquired during your marriage. Therefore, we must prove to the court that you were involved in acquiring and owning the disputed property.
What Is an Equitable Division, and How Does It Work?
The term equitable distribution implies being awarded a fair share of something and not necessarily getting qual amounts. Such equitable distribution of the marital property is bound to elicit some heated reactions when one feels unfairly considered for ownership of what they acquired during their marriage.
Your Fayetteville divorce lawyer in Georgia will present all the facts before the family law judge, showing why you qualify for equitable division of the family’s assets and liabilities. It also is best to note that this is a matter that tends to have a grey area since it is a decision that is not governed by specific laws but prevailing circumstances regarding negotiations, money, and other influential elements that impact the family after the divorce.
That is why equitable distribution necessitates having an experienced attorney that understands the various factors surrounding family laws and the impact divorce and separation have on all the parties involved.
What Happens to the House?
When fighting for the family house, your attorney will consider several things that suggest how things can turn out. For instance, there could be a disagreement regarding selling or keeping the building, splitting the property’s equity, or one spouse opting to buy out the other. All these are instances that will push both parties to reach an agreed formula.
In some situations, spouses can opt for one or both of them to stay in the house for a specific period, like until the children reach eighteen, for the place to be sold and each spouse getting an equitable share of the proceeds. In short, determining who gets the house boils down to you and your partner finding common ground and agreeing about it, instead of risking it by taking the matter before the family court.
Our divorce lawyers in Fayetteville, GA, will counsel you on how best to split the family assets, including the house.
How Long Will the Divorce Process Take?
How fast the divorce is financialized can differ, but it mostly lasts about four to six months, with instances where the matter can take eleven months or more to finalize. However, things can follow faster if both parties are agreeing on most of the contentious issues.
How Much Will a Divorce Lawyer Cost?
Divorce can be dirty, mainly when the separating spouses are citing irreconcilable differences. It also can have a significant toll on the family’s finances, even when both parties have lawyers. Nevertheless, divorce should not be a costly affair. At Wade Law, we can help you reach an amicable arrangement and save money when seeking legal counsel. Call our law offices to know more about how we can help and our service rates and arrangements.
Hire the Best Fayetteville Divorce Lawyer at Wade Law
At Wade Law, we are a law firm familiar with the impact divorces have on the family, especially when kids are involved. Therefore, hiring an accomplished and dependable Fayetteville divorce lawyer will be the wisest thing you can do if you want to keep things from getting messy. Wade Law is ready to offer you legal counsel, guidance, and representation.
Call us today at 770-282-1188 to book a free consultation and learn more about our services.