Divorce Lawyer in Valdosta

What Are the Common Grounds for Seeking Divorce and Can Divorce Attorneys Valdosta GA Help?

No one enters into marriage thinking that it will end in divorce. Unfortunately, there are certain circumstances that may lead to the dissolution of the union. Georgia law provides several grounds for divorce, including:

1. Adultery: Marriage requires faithfulness, and if one spouse commits adultery, it can be grounds for divorce. You will need to present evidence to your attorney, who can advise you on how to proceed.
2. Domestic Violence: If your spouse is physically or verbally abusive towards you or your children, you can seek a divorce. Your attorney can help you find a safe place to stay and gather evidence to support your case.
3. Permanent Mental Incapacitation: If your spouse becomes permanently mentally ill, you may seek a divorce. You will need a diagnosis and a doctor’s report to present to the court.
4. Drug Addiction: If your spouse becomes a habitual drug user and refuses to get help, you can file for divorce. Your attorney can assist you in navigating the legal process.
5. Pregnancy by Another Man: If a husband discovers that his wife became pregnant by another man after the wedding, he can file for divorce. Your attorney can help you gather evidence to support your case.

While divorce is never easy, understanding the grounds for divorce can help you make informed decisions about your situation. It is important to seek the advice of an experienced attorney to guide you through the process.

Child Custody and What Divorce Lawyer Valdosta Can Do for You

Determining custody arrangements for children can sometimes be settled out of court if both parents agree. However, if an agreement cannot be reached, the custody case may need to be taken to court.

There are two types of custody that the court must decide on: legal custody and physical custody.

Legal custody gives the parent(s) the authority to make decisions about the child’s education, religion, health, and activities. The court may award legal custody to one parent or both equally. In cases of joint legal custody, the court may designate one parent to have the final say in certain areas to prevent disputes. For example, one parent may have final say over educational decisions while the other has final say over health matters.

Physical custody determines which parent the child will primarily live with. It’s important to note that the parent who has physical custody does not automatically have legal custody. The court considers various factors, including the child’s well-being and environment, when determining physical custody.

In Georgia, children who are 11 years or older may express their preference, but the court may not always grant their request. Children who are 14 years or older are typically given more weight in their preference. Visitation rights for the non-custodial parent are also discussed during custody negotiations.

While it is best for parents to reach an agreement on their own, sometimes court intervention is necessary to ensure the child’s best interests are protected.

What Factors Determine Custody?

When deciding custody arrangements for children, the court always considers the child’s best interests, which may not necessarily align with the parents’ wishes.

In some cases, the court may appoint a custody evaluator to assess both parents and their respective living environments to determine the best option for the child. Although the judge may not always follow the evaluator’s recommendation, it carries significant weight in the decision-making process.

The judge considers various factors when determining the child’s best interests, including the physical environment of each parent’s home, their ability to provide for the child’s basic needs, their mental and physical health, their involvement in the child’s life, their availability to spend time with the child, and their criminal history or history of substance abuse.

A parenting plan is also essential in determining custody arrangements, whether agreed upon by both parents or submitted separately. The parenting plan outlines each parent’s duties, including the division of the child’s time and decision-making power. The judge uses this information to make an informed decision regarding custody arrangements.

Drafting a comprehensive parenting plan can be challenging, so it’s crucial to seek professional help. A skilled divorce attorney can assist in writing a plan that reflects the best interests of the child and meets the needs of both parents. Having a well-written parenting plan is crucial to obtaining the desired custody arrangement and ensuring a positive outcome for the child.

How Does the Court Determine Alimony?

Alimony is a payment made by one spouse to the other for a specific period to ensure fairness during and after a divorce. It is not only for the wife but also for the husband if he earns less or has no income. The payment is intended to help the receiving spouse start anew and manage financially without their partner.

Several factors are considered when determining who will receive alimony, 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 how long the marriage lasted.

Temporary maintenance is paid for a specific period, usually on a monthly basis. Rarely, a lump sum payment may be ordered by the court. Permanent alimony is not commonly awarded, as the court believes that a spouse should be able to take charge of their life after divorce.

However, in some cases, the court may decide that a spouse cannot take care of themselves due to old age, lack of qualifications, or illness.

Couples can agree on the amount and duration of alimony payments on their own. However, it’s always advisable to have a lawyer to represent your interests and negotiate on your behalf to obtain the best outcome.

Why Do You Need an Valdosta Divorce Attorney to Help with Your Divorce?

While it is possible to handle a divorce case without an attorney, there are several reasons why it is advisable to hire one, especially an experienced divorce lawyer. Here are some of the benefits of hiring a divorce lawyer:

Reduced Stress Levels

The divorce process is lengthy and stressful, and trying to handle it on your own can be overwhelming. An experienced lawyer can take care of the legal proceedings, including paperwork and court appearances, which reduces your workload and stress levels.

To Ensure a Desirable Outcome

When money and children are at stake in a divorce case, everyone tries to get the best outcome for themselves. A skilled lawyer can advocate for your needs and develop strategies to ensure that court rulings are made in your favor. Additionally, he can help you negotiate with your spouse’s attorney and settle the case out of court.

Giving Advice and Direction

If you have never been through a divorce before, the process can be confusing and overwhelming. An experienced attorney can provide you with the necessary guidance and advice on what to do, how to conduct yourself, and what is required during the process.

Your lawyer can also advise you on how to avoid making any mistakes that could jeopardize your case.

Fear of Domestic Violence

If you are seeking a divorce because of domestic violence, you need an experienced lawyer to protect you and your children. A good attorney can help you obtain a restraining order against your spouse and ensure that you have a safe place to stay while the case is ongoing. Your lawyer can also help you seek justice for your suffering after the divorce.

In conclusion, hiring an experienced divorce lawyer can help you navigate the complex legal process and achieve a desirable outcome while reducing stress levels. If you’re going through a divorce, it’s essential to seek legal representation to ensure your interests are protected.

Call Joe Durham P.C for a Consultation on Your Case and a Plan for the Way Forward