Divorce cases are quite common all over the country. Unfortunately, in most cases, it is usually not a smooth process. The case comes with many challenges that affect all the members of that family. Even in cases where both parties have mutually agreed to get a divorce, there can still be several issues that need resolving. In case you want to get a divorce, it is crucial that you get the best divorce lawyer that you can.
There are a lot of things that a divorce attorney can help you achieve in your divorce. From smoothing out the actual divorce to custody, and alimony your attorney can give you the options that you have. It is, so you make an informed decision regarding your family. It is essential also to have someone that can fight for your rights and without proper representation; this may be difficult to do.
It is vital that you do proper research before hiring any divorce lawyer. That is because not having the best attorney for your case means that you are on the losing end. Take time to analyze the previous cases handled by a particular lawyer, and make your decision from that.
What Are the Common Grounds for Seeking Divorce and Can Divorce Attorneys Albany GA Help?
When getting married, no one ever envisions the day that they will have to call quits on the union. However, it happens due to certain circumstances. The following are some of the grounds for divorce as provided by Georgia law:
One is required to be faithful in marriage unless they are separated. Therefore, if your spouse commits adultery and you have proof, this is grounds for filing a divorce. You can present the evidence to your attorney, and he will advise on the best way to go about it.
If your spouse is violent and harms either you or your children physically or verbally, you can seek a divorce. Your lawyer can help you get a safe place to stay while the case is ongoing. The important thing that you need is evidence otherwise it may be considered hearsay.
Permanent Mental Incapacitation
You are allowed to get a divorce if your spouse becomes permanently mentally ill. The court will need proof, so you need to acquire a full diagnosis and doctor’s report on the matter. Through your lawyer, you can explain why you need the divorce, and if everything is in order, you should get it.
You can also file for divorce if your spouse becomes a habitual drug user. That should be after trying to get him or her help to no avail. Talk to your attorney about the case, and he should find a way to help you.
Pregnancy by another Man
If a husband finds out that the wife got pregnant by another man after the wedding, he can file for divorce. Your attorney can help with all the details needed to prove your claim and get the divorce.
Child Custody and What Divorce Lawyer Albany Can Do for You
Custody is something that you can determine out of court. If both parents agree on how to share custody of the children, there is no need to go to court. However, this is not usually the case, and that is why you may need to take your custody case to court.
There are two types of custody that the court has to decide on, these are:
This gives the parent(s) the right to make any decisions about the child. This type of care can either be given solely to one parent or both parents equally. The parent with legal custody gets to make decisions concerning the child’s education, religion, health, and activities. If the court determines its joint custody, a way to decide who gets the final say. It is done to avoid arguments that may lead to more discord which may affect the child. The judge achieves that by giving one parent a more power so that they have the final say on a particular matter. For example, one parent may have final say on all things education while the other has final say on health matters.
It determines which parent gets to live with the child physically. It is not automatic that the parent that lives with the child gets legal custody. The judge decides on this depending on how conducive the environment is for the development of the child. In Georgia, children of 11 years may input as to where they feel most comfortable. However, this does not mean that the child will get to live with the parent he has chosen. The judge may decide otherwise based on the situation. However, children of 14 years and above often get their pick as they are considered more mature. During physical custody negotiations, they discuss the visitation rights of the other parent.
What Factors Determine Custody?
The court usually looks at the child’s best interest. That means that the decision should not only suit the parents, but it should focus on what is ideal for the child. Sometimes the court may appoint a custody evaluator to help in the process. They study both parents and environments and determine what would be best for the child. The judge can choose not to follow the advice of the evaluator. The following are some of the things that the judge looks at when determining the best interest:
- The physical environment in the home of both parents that best suits the growth of the child.
- Ability to provide the basic needs of the child such as shelter, clothing, medical care, and food.
- The health of each parent is both mental and physical.
- The involvement of each parent in the life of the child such as involvement in school.
- Ability to give time to the child and to foster a good relationship with the child.
- Previous criminal record or history of drug and alcohol abuse.
Another thing that is important when determining custody is the parenting plan. Whether or not the parents have agreed on the care of the children, they need to have a parenting plan. They may choose to submit separate plans or a joint one. This plan has details of the duties of each parent. They also contain information on how the parents plan on diving the child’s time. It should also include how much power any parent has in making important decisions.
The judge usually uses the parenting plan to determine which parent will get what custody. The information given is crucial since it proves to the judge just how much each parent is willing to input. Drafting this down may be difficult, and that is why you need professional help. A great divorce attorney will ensure that he excellently writes your plan. That allows you to get what you want and ensure that you meet the interests of your child.
How Does the Court Determine Alimony?
Alimony is a specified amount of money that one spouse pays to another for a certain period. Unlike common belief, maintenance isn’t only for the wife; husbands can get it too.
It is a form of payment that ensures that there is some form of fairness during and after divorce. One pays alimony to the spouse who earns less or has no income at all. It is paid to enable them to start on their own without their partner and ensure that they are managing okay. The following are some of the considerations when determining who will get alimony:
- The earnings of each spouse, their assets, and debts.
- The age, health, and emotional state of either spouse.
- The contributions that each spouse has had to the marriage and family in general.
- How long the marriage lasted.
Alimony can either be temporary or permanent. Temporary maintenance is only for a specified period. The spouse makes payments after duration such as monthly for the set time. There are rare occasions where the judge may order a lump sum amount paid. However, it has happened, so it is still a possibility.
Judges rarely award permanent alimony since a spouse should be in a position to take charge of their life. However, the court may decide that the spouse may be unable to take care of himself. It may be caused by old age, lack of qualifications or illness. Just like everything else concerning divorce, the couple can decide on the amount and duration on their own. If you want the best outcome, you should have a lawyer to represent your interests. He is in the best position to negotiate on your behalf and get you a decent package.
Why Do You Need an Albany Divorce Attorney to Help with Your Divorce?
You can do without a divorce lawyer; however, there is so much that you can gain from having one. He will ensure that you get the desired outcome from the situation. Here are some reasons why you should hire an experienced divorce lawyer:
Reduced Stress Levels
The process of getting a divorce is long and stressful to do on your own. There is a lot of paperwork you need to have, court dates to attend as well as daily activities. Handling all of this on your own may drive you insane, but with an efficient attorney, there is less on your plate. All you need to do is to give him the information that he needs, and he will take care of the rest for you.
To Ensure a Desirable Outcome
Divorces are often seamless especially when money and children are not an issue. However, if they are, everyone will try their best to get what they want. An excellent lawyer can help ease your burden by championing your needs. He will come up with strategies to ensure that the rulings are not only made for the good of your children but also you. You may not be in a position to explain yourself well in court, and that is why you need a lawyer. He is present to speak on your behalf, so you get what you desire.
Giving Advice and Direction
If this is your first divorce, there is plenty that you may not know about the process. That is where an attorney comes in and will save you a lot. He will give you direction on what is required and how you should conduct yourself. If there are any visitations to your home to determine eligibility for physical custody, he will advise on what you need. During the divorcing process, anything small that you do could get you into trouble. However, with your lawyer present, he can advise on how to avoid that from happening. In case of any problem, he is the best person to help you.
Fear of Domestic Violence
If your spouse was abusive during your marriage which is why you are seeking a divorce, then you need an excellent attorney. He’ll ensure that you and your children have a safe place to stay while the process is ongoing. He can further protect you by helping you file a restraining order against your spouse. He could also help you further in seeking justice for your suffering after the divorce.
Call Joe Durham P.C for a Consultation on Your Case and a Plan for the Way Forward
If you are going through a painful divorce, you don’t have to do it alone. You need the best legal support possible so that you get the best out of it. To make this happen, you need to get in touch with us at Joe Durham P.C for a consultation. Our experienced attorneys in Albany have done it for other clients, and it is possible for you too. Talk to us today and let us come up with a plan to help you.