Divorce cases are prevalent across the country, but they can often be a difficult process with challenges that can affect all members of the family. Even when both parties agree to divorce, there can be many issues that need to be resolved. If you are considering divorce, it is essential to find the best possible divorce lawyer to help you navigate the process.
A divorce attorney can provide valuable assistance in navigating the complex process of divorce. They can help with various issues, such as child custody, alimony, and property division.
It is crucial to have a knowledgeable attorney who can inform you of your options and help you make informed decisions regarding your family’s future. Without proper representation, it can be difficult to fight for your rights and achieve a fair outcome.
Proper research is crucial before hiring a divorce lawyer to ensure that you have the best attorney for your case. Failing to do so could result in being on the losing end of your divorce. Take the time to analyze a potential lawyer’s previous cases to make an informed decision.
What Are the Common Grounds for Seeking Divorce and Can Divorce Attorneys Thomasville GA Help?
Adultery
If your spouse has committed adultery, you have grounds for filing a divorce as you are required to be faithful in marriage unless you are separated. Providing evidence of the adultery to your attorney is essential to determine the best course of action.
Domestic Violence
In situations where a spouse is physically or verbally violent towards you or your children, it is possible to seek a divorce with the help of a lawyer. The attorney can help you find a safe place to stay while the case is ongoing.
However, it is important to have evidence of the violence to support your case, as hearsay is not admissible in court.
Permanent Mental Incapacitation
If your spouse becomes permanently mentally ill, you may be able to seek a divorce. However, the court will require proof of the illness, so it’s important to obtain a full diagnosis and a doctor’s report.
Your divorce lawyer can guide you through the process and explain why you need the divorce. If everything is in order, you should be able to obtain the divorce.
Drug Addiction
If your spouse becomes a habitual drug user and you have tried to get them help but to no avail, you can file for divorce. It is essential to discuss the situation with your attorney, who can guide you on the legal steps to take in this case.
Child Custody and What Divorce Lawyer Thomasville Can Do for You
Determining custody of children can be done out of court if both parents come to an agreement. However, this is not always possible and a custody case may need to be brought to court.
There are two types of custody that the court has to decide on, these are:
Physical Custody
Physical custody refers to which parent the child lives with on a day-to-day basis. This decision is made by the judge based on what is in the best interest of the child. In Georgia, children over the age of 11 may express their preference as to which parent they would like to live with, but the judge has the final say.
Children over the age of 14 are given more weight in their preference as they are considered more mature. Visitation rights of the non-custodial parent are also discussed during physical custody negotiations.
Legal Custody
Legal custody grants a parent or parents the authority to make decisions about the child’s welfare, including education, religion, health, and extracurricular activities. This can be awarded solely to one parent or shared equally between both.
In cases of joint custody, the court may designate which parent has final decision-making power over certain areas to prevent disputes that may harm the child’s well-being. For instance, one parent may have the final say in education matters while the other has the final say in health matters.
What Factors Determine Custody?
In determining custody arrangements, the court’s focus is on the child’s best interests, rather than the parents’ preferences. To ensure this, the court may appoint a custody evaluator to assess the living conditions and suitability of each parent.
The evaluator provides recommendations to the court, but the judge has the discretion to make the final decision. The court considers several factors to determine the child’s best interests, such as the child’s relationship with each parent, each parent’s ability to care for the child, the child’s educational and social needs, and any history of abuse or neglect.
How Does the Court Determine Alimony?
Alimony refers to a predetermined amount of money that one spouse pays to the other for a certain period after a divorce. Contrary to popular belief, alimony is not only for the wife as husbands can also receive it.
The purpose of alimony is to provide some measure of fairness during and after a divorce. It is paid to the spouse who earns less or has no income at all, in order to help them transition to a new life without their partner and ensure they are financially stable. When determining who will receive alimony, the court considers the following factors:
- 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.
- Temporary alimony is typically awarded during divorce proceedings and ends once the divorce is finalized. On the other hand, permanent alimony is awarded for a longer period or until a certain condition is met, such as remarriage or death of the recipient spouse.
The determination of whether to award temporary or permanent alimony depends on various factors, including the length of the marriage, the earning capacity of both spouses, and the standard of living during the marriage.
Why Do You Need an Thomasville Divorce Attorney to Help with Your Divorce?
Fear of Domestic Violence
Going through a divorce can be an overwhelming and complicated process, which is why having a skilled attorney can be invaluable. From managing the necessary paperwork to attending court hearings, a divorce lawyer can handle the legal aspects of your case and alleviate some of the stress associated with the process.
By providing your attorney with the relevant information and details, they can work to ensure that your rights are protected and that the divorce proceedings move forward as smoothly as possible.
To Ensure a Desirable Outcome
Divorce proceedings can be complicated, particularly when there are issues of finances or child custody involved. In such cases, it can be stressful to try to negotiate and advocate for your needs on your own.
A skilled divorce attorney can ease the burden by developing strategies and advocating for your interests. They can ensure that the rulings made in court are not only in the best interest of your children but also for you. In addition, a lawyer can help you to communicate your needs and desires more effectively in court, ensuring that your voice is heard and your interests are represented.
Giving Advice and Direction
If you have never been through a divorce before, it can be overwhelming and confusing to navigate the legal system alone. A knowledgeable divorce attorney can provide you with valuable guidance and support throughout the process.
They can explain your legal rights and obligations, help you understand the paperwork and procedures involved, and advise you on the best course of action to achieve your goals.
Additionally, they can represent you in court and negotiate with your spouse’s attorney to secure the best possible outcome for you. Having an experienced attorney on your side can make a significant difference in the outcome of your divorce case.
Fear of Domestic Violence
If you are seeking a divorce due to abuse from your spouse, it is crucial to have a skilled attorney by your side. They can help ensure that you and your children have a safe place to stay while the divorce process is ongoing.
Your attorney can also assist you in filing a restraining order against your spouse to protect you further. Additionally, they can help you seek justice for the suffering you endured during the marriage after the divorce is finalized.
Call Joe Durham P.C for a Consultation on Your Case and a Plan for the Way Forward
If you are going through a difficult divorce, you don’t have to face it alone. It is important to have the best legal representation to ensure the best outcome. Contact Joe Durham P.C for a consultation at 229-210-6226 to speak with our experienced attorneys in Thomasville.
We have successfully assisted other clients in similar situations and are ready to help you. Let us come up with a plan to support you during this challenging time.
