Across the country, divorce cases are a common occurrence. However, these cases are typically far from smooth, and they can bring about various challenges that affect all members of the family.
Even in cases where both parties mutually agree to divorce, several issues require resolution. To ensure a successful outcome, it is crucial to enlist the services of the best divorce lawyer available.
A divorce attorney can assist you in many ways during the divorce process, including smoothing out the proceedings, addressing custody and alimony issues, and providing informed decision-making options for your family.
Having proper representation is crucial in fighting for your rights, which can be challenging to do alone.
Therefore, it is essential to conduct thorough research before selecting a divorce lawyer to represent you. The best attorney for your case is necessary for a successful outcome. Analyzing the lawyer’s previous cases can help you make an informed decision.
What Are the Common Grounds for Seeking Divorce and Can Divorce Attorneys Perry GA Help?
Grounds for divorce in Georgia include various circumstances that can lead to the dissolution of a marriage. Adultery, domestic violence, permanent mental incapacitation, drug addiction, and pregnancy by another man are some of the reasons for divorce recognized by Georgia law.
In case of infidelity, one can file for divorce based on proof of adultery. Domestic violence that causes physical or verbal harm to the spouse or children can also lead to a divorce. Permanent mental incapacitation of a spouse can be another reason, but the court will require evidence such as a diagnosis and doctor’s report.
Divorce can also be granted if a spouse becomes a habitual drug user and has not responded to efforts to seek help.
Finally, a husband can seek divorce if he discovers that his wife became pregnant by another man after their wedding. Seeking legal advice and representation from a qualified divorce attorney can help with presenting evidence and achieving a successful outcome.
Child Custody and What Divorce Lawyer Perry Can Do for You
When determining custody, parents can choose to reach an agreement outside of court. However, this is not always the case, and a custody case may need to be taken to court. There are two types of custody that a court has to decide on: legal and physical custody.
Legal custody gives a parent or parents the right to make decisions regarding the child’s education, religion, health, and activities. This can be granted solely to one parent or equally to both parents. In cases of joint legal custody, the court may grant one parent the final say on specific matters, such as education or health, to avoid conflicts.
Physical custody determines which parent gets to live with the child physically. The court decides this based on the environment that is most conducive to the child’s development. In Georgia, children of 11 years or older may express their preference, but the judge has the final say.
Children of 14 years or older may have more input in the decision as they are considered more mature. Visitation rights of the non-custodial parent are also discussed during physical custody negotiations.
What Factors Determine Custody?
In determining custody, the court considers the best interest of the child. This means that the decision should not only benefit the parents but also prioritize the child’s welfare.
A custody evaluator may be appointed to assess the parents and their environments to determine what would be best for the child. However, the judge may choose not to follow the evaluator’s recommendation.
Factors that the judge considers when determining the best interest of the child include the physical environment in both parents’ homes, their ability to provide basic needs, their physical and mental health, their involvement in the child’s life, their ability to spend time with the child and foster a good relationship, and any criminal record or history of substance abuse.
A parenting plan is also crucial in custody cases, even if the parents have agreed on the care of the children. The plan outlines the duties of each parent and how they plan on dividing the child’s time. It also includes how much power each parent has in making important decisions.
The judge uses this plan to determine custody arrangements.
Drafting a parenting plan can be challenging, and it’s important to seek professional help from a divorce attorney to ensure that the plan meets the child’s best interests and the parents’ needs. A good attorney can write the plan effectively to ensure that the child’s welfare is prioritized.
How Does the Court Determine Alimony?
Alimony is a payment that one spouse makes to the other for a specified period after a divorce. This payment is not only for wives; husbands may also be eligible to receive alimony. It is designed to provide fairness during and after a divorce by supporting the spouse who earns less or has no income to enable them to start anew.
To determine who is eligible for alimony, the court considers several factors, such as each spouse’s income, assets, and debts, age, health, emotional state, and contributions to the marriage and family. The length of the marriage is also taken into account.
Alimony can either be temporary or permanent. Temporary alimony is paid for a specified period, usually monthly payments. In rare cases, the judge may order a lump sum payment. Permanent alimony is rarely awarded, as the spouse should be capable of taking charge of their own life after a divorce.
However, in cases where a spouse may be unable to support themselves due to old age, lack of qualifications or illness, the court may award permanent alimony.
Couples can also decide on the amount and duration of alimony payments themselves. However, it is recommended to seek the assistance of a lawyer to ensure that your interests are protected during negotiations. A divorce attorney can help you negotiate a fair package that is beneficial to you.
Why Do You Need an Perry Divorce Attorney to Help with Your Divorce?
There are several reasons why hiring an experienced divorce lawyer can be beneficial when going through a divorce. Firstly, having a lawyer can reduce your stress levels as they will handle most of the paperwork, court dates, and other necessary procedures for you.
Secondly, a divorce attorney can help you achieve a desirable outcome, especially if there are children and money involved in the divorce. They can come up with strategies and speak on your behalf to ensure that the rulings made are fair to both parties.
Additionally, a divorce lawyer can offer you advice and direction, especially if it’s your first divorce. They can guide you on what is required of you during the process, such as home visitations to determine eligibility for physical custody. They can also advise you on how to conduct yourself to avoid any problems that may arise during the process.
Lastly, if domestic violence was a factor in the marriage, a lawyer can help protect you and your children. They can help you find a safe place to stay during the process, file a restraining order against your spouse, and help you seek justice for your suffering after the divorce.
Overall, hiring an experienced divorce lawyer can make the process less stressful and help you achieve the best outcome possible.
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 divorce attorneys in Perry have done it for other clients, and it is possible for you too. Talk to us today at 229-351-5320 and let us come up with a plan to help you.