No divorce is easy. It is difficult and challenging, impacting the emotional, mental, and financial aspects of your life. You will also have to grieve for the relationship while making some of the most significant decisions of your life. Moreover, everyone in your family from your children to friends is affected. Your life will change in a big way.
The compassionate lawyers at Vayman & Teitelbaum, P.C. are dedicated to delivering the best legal representation during this trying time in your life. We alleviate your worries by providing you with the resources and the support that you need. Our goal is to ease your stress during the entire process.
The last thing that you need during your divorce process is the stress of understanding the legal process and complications. You will have to consider your children, your financial future, and starting your life on your own. Let the legal experts at Vayman & Teitelbaum, P.C. help you understand the Georgia Divorce Laws. With years of experience, you know that you will have high-quality legal support and representation. Let us begin the new chapter of your life with the least worry and stress.
Call the Vayman & Teitelbaum, P.C. at Alpharetta, GA at (678) 504-8411 for a Free Consultation with our Experienced Divorce Lawyers.
The Core Areas of Your Divorce
Each divorce is uniquely defined by the relationship and the experience by the parties involved. While we handle each case carefully, there are core areas that you need to be familiar with during the entire legal process.
Child custody is a long and very stressful process for the children involved. In cases where the parties cannot agree on a decision in terms of child custody. The court prioritizes the well-being and best interest of the child.
According to the 2010 Georgia Code on Child Custody Proceedings the state will determine what will be the best decision with the happiness and welfare of the child in mind. It is based on various factors including, but not limited to:
- The existing emotional ties binding the parents and the child.
- The existing emotional ties between the child and his/her siblings.
- The ability of each parent to give the child guidance, affection, and love. Also including the ability of each parent to continue the rearing and education of the child.
- The parent’s familiarity and knowledge of the child and his/her needs.
- The capacity of each parent to provide food, clothing, medical care, daily needs, and other basic care to the child.
- Each parent’s home environment including its safety and promotion of nurturance.
- The significance of the continuity in the child’s life including a stable and satisfactory environment.
- The family unit of each parent including support systems within the community to benefit the child.
- Each parent’s physical and mental health.
- Involvement in the child’s social, extracurricular, and educational activities.
- Past and future performance in terms of parenting responsibilities.
- Relevant records of the child such as home, school, and community. Also including any health or special needs of the child.
If the child is of age 14, he/she may elect which parent shall serve as his/her physical custodian. Unless the court determines that the parent as the custodian is not to be in the best interest of the child.
Other factors in consideration also include physical abuse, alcohol, and substance abuse, co-parenting, moving, parental employment, and parental alienation.
Under Georgia Law, during divorce, each spouse is entitled to an equitable division of marital property acquired during the marriage. Equitable does not necessarily mean divided into equal parts but a fair split of property and assets. Division of property is determined by the judge or by the agreement of the spouses.
Marital property is any asset acquired during the marriage even if only one spouse earned it. Only marital property, as defined by the law, is subject to equitable division. It includes the following, but not limited to:
- Real estate including home and rental properties
- Income including savings and checking accounts
- Investments, stock options, RSU
- Retirement accounts such as pensions, 401k, and IRA
- Business properties
- Debts including mortgage, taxes, and credit cards
Separate properties are assets acquired before the marriage. Properties acquired during the marriage can also be considered separate properties under specific conditions such as inheritance or gifts.
In the state of Georgia, it is the responsibility of both parents to provide for the education, maintenance, and protection of their children. The court ensures that both parents continue their responsibilities for the child. Child support typically involves payments made to the custodial parent by the non-custodial parent.
Usually, child support is paid monthly or bi-monthly until the child reaches maturity. Moreover, child support cannot be waived by either the paying or receiving parent as it belongs to the child.
Child support is determined through complex computation either through the agreement of both parties or a dispute to the jury or the judge. The computation involved comparing each parent’s income and the unique needs of the child.
Alimony is the legal responsibility of one party to provide financial support to their ex-spouse during or after the divorce. It is essential especially if one spouse requires economic and financial support. Alimony depends on two primary factors: need and the ability to pay.
In Georgia, the courts have a broad discretion to determine the amount of alimony. There are no specific formulas for alimony. However, it is determined by the following factors:
- Length of marriage and the established standards of living during the marriage.
- Age of both parties including their physical and emotional health.
- Financial resources of each spouse.
- Estates, earning capacity, and debts of each party.
- Education and time needed by one of the party to find employment.
- Contribution of the parties to the marriage such as homemaking, education, career building, child care, and other contributions.
- Other factors determined by the court.
Just like child support, alimony can be decided during settlement or with a judge.
Let’s Talk Now- Free Consultation
Vayman & Teitelbaum, P.C. 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 Georgia family law attorneys provide free consultations so you can make sure we are the right fit for your needs.