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 in Albany, Georiga can help you achieve. 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 divorce 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.
You need the best legal support and the divorce attorneys at Joe Durham Jr., P.C. are here to help you. Call us today at 229-210-6226
What Are the Common Grounds for Divorce in Georgia?
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 under Georgia law.
Adultery
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 for a divorce. You can present the evidence to your divorce attorney, and he will advise on the best way to go about it.
Domestic Violence
If your spouse is violent and harms either you or your children physically or verbally, you can seek a divorce. Your divorce lawyer in Albany, Ga 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 a doctor’s report on the matter.
Through your divorce lawyer, you can explain why you need the divorce, and if everything is in order, you should get it.
Drug Addiction
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 divorce attorney can help with all the details needed to prove your claim and get the divorce.
Comprehensive Divorce Services Tailored to Your Needs
At Joe Durham Jr., P.C., we understand that every divorce case is unique, with its own challenges and priorities. That’s why we offer a comprehensive range of services to address all aspects of your divorce, ensuring that your rights are protected and your goals are prioritized. Our dedicated team has the experience and expertise to guide you through every step of the process, including:
- Mediation Services: We help clients resolve disputes amicably through mediation, fostering open communication and collaboration to reach mutually beneficial agreements without the stress of litigation.
- Child Custody and Support: Our team is committed to protecting the best interests of your children. We handle custody arrangements, visitation schedules, and child support agreements with the utmost care and sensitivity.
- Asset and Property Division: Dividing marital property can be complex, especially when significant assets are involved. We provide skilled legal guidance to ensure equitable distribution in compliance with Georgia law.
- Spousal Support (Alimony): Whether you are seeking spousal support or negotiating terms, we advocate for fair and sustainable arrangements that align with your financial situation.
- High-Asset Divorce: Complex financial portfolios require specialized attention. We assist clients in valuing and dividing assets such as businesses, investments, and retirement accounts.
- Military Divorce: We have experience navigating the unique challenges faced by military families, including compliance with federal laws and addressing issues like pension division.
- Post-Divorce Modifications: Life changes may require adjustments to existing agreements. We can help you modify custody, support, or other court orders to reflect new circumstances.
Our tailored approach ensures that we address your specific concerns and work toward solutions that meet your long-term goals. With Joe Durham Jr., P.C., you’ll have a trusted advocate by your side every step of the way.
Child Custody and What a Divorce Lawyer in 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.
Legal Custody
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 to 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 more power so that they have the final say on a particular matter.
For example, one parent may have the final say on all things education while the other has the final say on health matters.
Physical Custody
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 of a child:
- The physical environment in the home of both parents.
- Ability to provide the basic needs of the child such as shelter, clothing, medical care, and food.
- The mental and physical health of each parent.
- 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 , also known as spousal support or maintenance, is a financial arrangement where one spouse provides monetary support to the other for a defined period. It is designed to promote fairness and mitigate economic disparities between spouses during and after a divorce. Contrary to popular belief, alimony is not exclusive to wives; husbands may also be eligible to receive it under certain circumstances.
The primary purpose of alimony is to help the spouse with lower earnings or no income transition to a self-sufficient lifestyle post-divorce. This support ensures that they can maintain a reasonable standard of living while rebuilding their financial independence. The court carefully evaluates several factors to decide whether alimony is appropriate and, if so, how much should be paid and for how long.
Key Factors in Determining Alimony:
- Earnings, Assets, and Debts of Each Spouse:
The court examines the income sources, financial assets, and outstanding liabilities of both spouses to assess their ability to provide or require support. - Age, Health, and Emotional Condition:
The physical and mental well-being of each spouse is considered. A spouse with health issues or advanced age may require additional support to cover medical expenses and ensure stability. - Contributions to the Marriage:
The court takes into account the roles each spouse played in the marriage, including non-financial contributions such as homemaking, child-rearing, and supporting the other spouse’s career or education. - Duration of the Marriage:
The length of the marriage is a critical factor. Long-term marriages often lead to more substantial or prolonged alimony awards, whereas short-term marriages may result in limited or no alimony. - Standard of Living During the Marriage:
Courts aim to help the lower-earning spouse maintain a standard of living similar to what they experienced during the marriage, whenever feasible. - Earning Potential and Career Opportunities:
The court evaluates the potential for the recipient spouse to become self-supporting. This includes their education, work experience, and job market conditions. If re-entering the workforce requires additional training or education, the court may consider these needs in its decision. - Parenting Responsibilities:
If one spouse will have primary custody of the children, the court may account for the financial and time burdens associated with caregiving when determining alimony. - Fault in the Marriage (Varies by State):
In some jurisdictions, the court may consider whether one spouse’s misconduct, such as infidelity or abuse, contributed to the breakdown of the marriage.
Alimony arrangements can vary widely, from temporary support during the divorce proceedings to rehabilitative alimony that helps the recipient become self-reliant over time. In some cases, permanent alimony may be awarded, particularly in long-term marriages where the recipient spouse has limited earning potential.
Ultimately, alimony decisions are tailored to the unique circumstances of each case, ensuring that both fairness and practicality are prioritized. Consulting with an experienced divorce attorney is crucial to understanding your rights and obligations when it comes to alimony in your divorce.
Alimony can either be temporary or permanent. Temporary maintenance is only for a specified period. The spouse makes payments for the set time, for example monthly.
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 divorce 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 divorce 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 divorce 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 a divorce 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 divorce 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 divorce 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.
Frequently Asked Questions About Divorce and Alimony
How does alimony work in Georgia divorces?
Alimony in Georgia is determined based on the financial needs of one spouse and the ability of the other spouse to pay. It can be temporary (to support one spouse during divorce proceedings) or permanent, though the latter is rare. The court evaluates factors such as income disparity, contributions to the marriage, and the length of the union.
Can a husband receive alimony after a divorce?
Yes, alimony is not limited by gender. If the husband has significantly lower earnings, contributed to the household in non-monetary ways, or has specific financial needs, he may be eligible to receive alimony.
What is the difference between temporary and permanent alimony?
Temporary alimony is awarded during the divorce process to ensure immediate financial stability for one spouse. Permanent alimony, which is rare, is awarded in long-term marriages where one spouse cannot achieve financial independence due to age, health, or other factors.
How is alimony calculated in Georgia?
Georgia does not have a fixed formula for calculating alimony. Courts consider factors such as each spouse’s income, financial needs, debts, standard of living during the marriage, and the length of the marriage. An experienced divorce attorney can provide a better estimate based on your specific situation.
How long do you have to be married to qualify for alimony?
There is no specific minimum duration of marriage required to qualify for alimony in Georgia. However, longer marriages are more likely to result in alimony awards, especially if one spouse has significantly fewer financial resources.
Do I have to pay taxes on alimony payments?
For divorces finalized after January 1, 2019, alimony payments are not tax-deductible for the payer, nor are they considered taxable income for the recipient. This is due to changes under the Tax Cuts and Jobs Act.
Can alimony be included in a prenuptial agreement?
Yes, a prenuptial agreement can specify whether alimony will be paid in the event of a divorce. However, the court may disregard these provisions if they are deemed unfair or unconscionable.
What happens if my ex stops paying alimony?
If your ex-spouse fails to pay alimony, you can file a motion for enforcement with the court. The court may impose penalties, wage garnishments, or other measures to ensure compliance with the alimony order.
Is alimony affected by infidelity in Georgia?
Yes, Georgia considers marital misconduct, such as infidelity, when determining alimony. If the spouse seeking alimony was unfaithful and this behavior contributed to the breakdown of the marriage, they may be barred from receiving support.
Can alimony orders be changed after a divorce?
Yes, alimony orders can be modified if there is a significant change in circumstances, such as a change in income, job loss, or remarriage of the recipient spouse. You will need to petition the court to request a modification.
How does remarriage affect alimony?
If the recipient of alimony remarries, their alimony payments generally cease. In some cases, cohabitation with a new partner may also be grounds for terminating alimony, depending on the circumstances.
What is the average alimony payment in Georgia?
There is no average alimony payment, as awards are determined on a case-by-case basis. Factors like income, financial need, and the lifestyle established during the marriage will influence the amount.
By addressing these common and detailed questions, this FAQ section targets long-tail keyword searches, helping individuals find specific information about divorce and alimony in Georgia.
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 at 229-210-6226.
Our experienced divorce 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.
