Divorce is a common occurrence throughout the country; however, it is rarely a smooth process. This situation presents numerous challenges that affect all members of the family.
Even in cases where both parties mutually agree to dissolve the marriage, various issues need to be resolved. Therefore, if you are considering divorce, it is essential to find the best divorce lawyer to represent you.
A divorce attorney can help you navigate the divorce process, including matters such as child custody and alimony. They can present the options available to you and help you make informed decisions about your family’s future.
Choosing the right divorce lawyer is crucial, and thorough research is necessary to make an informed decision. Failure to hire the best attorney for your case puts you at a disadvantage.
Take the time to examine the attorney’s experience by analyzing their previous cases before deciding to hire them.
What Are the Common Grounds for Seeking Divorce and Can Divorce Lawyers in Tifton GA Help?
While no one expects to get a divorce when they marry, certain circumstances may lead to the end of the union. Georgia law recognizes several grounds for divorce, including:
Adultery
Under Georgia law, adultery is one of the grounds for filing a divorce. If a spouse commits adultery and there is proof, the other spouse can present the evidence to their attorney, who can advise on the best way to proceed with the divorce. It is important to note that a spouse is required to be faithful in marriage unless the couple is separated.
Domestic Violence
If you or your children are subjected to physical or verbal abuse by your spouse, you can seek a divorce. Your attorney can assist you in finding a safe place to stay during the proceedings. It is important to have evidence to support your claim, as otherwise it may be considered hearsay and difficult to prove in court.
Permanent Mental Incapacitation
In Georgia, you have the right to file for divorce if your spouse becomes permanently mentally ill. However, you must provide evidence of the illness to the court. This usually requires a full diagnosis and a doctor’s report.
With the help of your lawyer, you can present the necessary information to the court and explain why you are seeking a divorce. If everything is in order, the court should grant the divorce.
Drug Addiction
If your spouse becomes addicted to drugs or alcohol and it’s affecting your marriage, you can file for divorce on the grounds of addiction. You may need to provide evidence of the addiction and show that your spouse’s substance abuse has caused irreparable damage to your marriage.
Your divorce attorney can advise you on how to proceed and help you navigate the legal process.
Pregnancy by another Man
A husband can file for divorce if his wife becomes pregnant by another man during the marriage. Your attorney can assist you with the legal process and provide guidance on what evidence is required to prove your claim and obtain the divorce.
Child Custody and What Divorce Lawyer Tifton Can Do for You
It is possible to come to an agreement on custody outside of court if both parents can agree on how to share custody of their children. However, this is not always feasible and may require taking the custody case to court.
In such cases, the court will decide on the two types of custody, which are:
Legal Custody
Legal custody refers to the parent(s) who have the authority to make important decisions about the child, such as education, religion, health, and extracurricular activities. This type of custody can be granted to one parent solely or both parents jointly.
In cases of joint custody, the court may designate one parent to have the final decision-making authority to avoid potential disputes. For instance, one parent may have the final say on education matters while the other has the final say on health matters.
Physical Custody
Physical custody determines which parent the child will live with and the judge decides based on what is in the best interest of the child. Having physical custody does not automatically grant legal custody.
In Georgia, children aged 11 and older can provide their preference, but the judge may overrule their decision if it is deemed necessary. Children aged 14 and above are given more weight as they are considered more mature.
Visitation rights of the non-custodial parent are also negotiated during physical custody arrangements.
What Factors Determine Custody?
The court’s primary consideration in determining custody is the child’s best interests. The decision must be based on what is best for the child and not necessarily what the parents prefer.
In some cases, a custody evaluator may be appointed to assess the parents and their respective living environments. However, the judge is not obligated to follow the evaluator’s recommendations.
When making a determination, the judge takes into account several factors, including:
- The physical environment in each parent’s home and which one is most conducive to the child’s growth and development.
- Each parent’s ability to provide the child’s basic needs such as shelter, clothing, medical care, and food.
- The mental and physical health of each parent.
- Each parent’s level of involvement in the child’s life, such as participation in school and extracurricular activities.
- The ability of each parent to dedicate time to the child and foster a positive relationship.
- Any history of criminal activity, drug or alcohol abuse.
A parenting plan is a crucial factor in determining custody arrangements. Even if the parents have reached an agreement, they still need to have a parenting plan that outlines each parent’s responsibilities and the division of the child’s time.
The plan should also specify which parent has decision-making authority for important issues. The judge relies on the parenting plan to make a determination regarding custody, as it demonstrates each parent’s level of commitment to the child’s well-being.
It is essential to have a well-drafted parenting plan, and an experienced divorce attorney can provide the necessary guidance to ensure that the plan is comprehensive and meets the child’s best interests.
How Does the Court Determine Alimony?
Alimony, which is also known as spousal support, is a payment made by one spouse to the other for a specified period after divorce. Despite the common belief that only wives can receive alimony, husbands can also receive it.
Its purpose is to ensure fairness during and after divorce, and it is paid to the spouse who earns less or has no income at all. Alimony is intended to help the recipient spouse become self-sufficient and manage their expenses.
When determining who will receive alimony, the court considers factors such as the earnings, assets, and debts of each spouse, the age, health, and emotional state of either spouse, the contributions made by each spouse to the marriage and family, and the duration of the marriage.
Alimony can be either temporary or permanent. Temporary alimony lasts for a specified period, during which the paying spouse makes regular payments, typically on a monthly basis. In rare cases, a judge may order a lump sum payment.
Permanent alimony is rarely awarded by judges, as the goal is for both spouses to be able to support themselves. However, in some cases, a judge may determine that a spouse is unable to support themselves due to factors such as age, illness, or lack of qualifications.
Couples can also come to their own agreement on the amount and duration of alimony, but having a lawyer to represent your interests can help ensure a fair outcome.
Why Do You Need a Tifton Divorce Attorney to Help with Your Divorce?
While it is possible to handle a divorce case without a lawyer, having one can provide numerous benefits. Here are some reasons why you should consider hiring an experienced divorce lawyer:
Reduced Stress Levels
The divorce process can be a long and stressful ordeal to go through alone. It involves a lot of paperwork, court appearances, and other daily activities. Trying to manage all of this on your own can be overwhelming.
However, by hiring an experienced divorce lawyer, you can lighten your load. With their expertise, all you need to do is provide the necessary information, and they will handle the rest on your behalf.
To Ensure a Desirable Outcome
Divorce cases can become complicated when there are assets to divide, child custody battles, or other complex issues. In such situations, an experienced divorce lawyer can provide valuable guidance and representation.
A skilled divorce attorney can help you navigate the legal system and advocate for your rights and interests.
They can assist with negotiations, mediation, or litigation to help you achieve the best possible outcome in your case. Without a lawyer, you may make mistakes or miss important details that could harm your case.
With a lawyer, you can have peace of mind knowing that you have a knowledgeable advocate in your corner.
Giving Advice and Direction
If you are going through a divorce for the first time, there may be many aspects of the legal process that you are unfamiliar with. This is where the assistance of a divorce attorney can be invaluable.
Your divorce lawyer can provide guidance on what is required and advise you on how to conduct yourself throughout the divorce proceedings.
They can also prepare you for any home visitations that may be conducted to determine eligibility for physical custody, and advise you on what to do to avoid any potential problems that may arise during the process.
In the event of any issues, your divorce attorney is the best person to turn to for help.
Fear of Domestic Violence
If you are seeking a divorce because your spouse was abusive during your marriage, it is crucial to have an excellent attorney by your side. Your attorney can help ensure that you and your children have a safe place to stay while the divorce process is ongoing.
Additionally, your attorney can assist you in filing a restraining order against your spouse to provide further protection. Furthermore, your divorce attorney can help you seek justice for the suffering you endured during the marriage even after the divorce is finalized.
Call Joe Durham P.C for a Consultation on Your Case and a Plan for the Way Forward
A divorce can be a challenging and emotional process, but you don’t have to face it alone. The right legal support can make all the difference in achieving a favorable outcome. At Joe Durham P.C, we understand what you’re going through.
Our experienced divorce lawyers in Tifton are here to help. We offer a free consultation to discuss your case and come up with a plan to meet your needs. Don’t hesitate to reach out to us today for the best legal support possible.
