Divorce

Atlanta Divorce Attorney

Providing Steadfast Support During Uncertain Times

Deciding to divorce your spouse is one of your life’s most stressful and excruciating decisions. Suddenly, your life is turned upside down.

Beyond the emotional distress of separation, you face other potentially life-changing dilemmas, such as:

• Who will have custody of the kids?
• Can you have parenting time with your kids?
• Who gets the house?
• How will the equity be split?
• What about my 401(k) and pension?
• How much will my child support payment be?

If you’re considering a Georgia divorce, you need an Atlanta divorce attorney at Edwards Family Law to help answer these questions about child custody, divorce proceedings, and other family law matters.

Our family law firm will work to safeguard your rights and try to resolve the matter as favorably as possible.

Grounds for Divorce in Atlanta, Georgia

To get a divorce in Georgia, you and your attorney need to select one of 13 grounds, including:

• Adultery
• The union is irretrievably broken (most common)
• Desertion
• Severe mental illness
• Cruel treatment
• Regular intoxication or drug addiction
• Mental incapacity when you were married

Your Atlanta divorce lawyer will advise you about determining grounds for divorce under Georgia law.

Why you need an Atlanta Divorce Attorney

A divorce lawyer has the skill and experience to handle four critical aspects of your divorce.

Division Of Marital Assets

If you and your spouse decide to divorce, the money and property accumulated during the union must be divided. Some divorcing spouses agree quickly on how to split the marital property and assets. But not always.

Under Georgia law, the divorce court must follow the Equitable Distribution Principle for property division, meaning the assets must be divided in the fairest way possible

However, this principle doesn’t necessarily mean a 50/50 split. One spouse can receive more property or assets than the other. It depends on the circumstances.

The divorce court will make this decision after reviewing critical factors, including:

• Current income and future earning ability of both spouses
• Health and age of both partners
• The amount the spouses contributed to their joint assets
• Which partner will get primary custody, if children are involved

Child Custody

One of divorce’s most stressful and painful parts is deciding who gets the children. Our law firm understands how difficult it is to agree on child custody and will strive for the best solution.

There are two types of child custody under Georgia law:

• Physical custody
• Legal custody

In most cases, both custody types are shared by the spouses.

It is common for parents to get joint legal custody, meaning both parties must cooperate in making significant decisions about the children, such as medical and educational choices.

Physical custody of the children is also usually shared. But one parent is typically chosen to hold primary physical custody. The other has secondary physical custody.

The divorce court will decide on physical custody by considering several factors. The most important one is who has been the significant caregiver during the marriage.

Child Support

Parents in Georgia must provide for their children. Child support in divorce is one way to be sure the children are still cared for even after the couple splits. Georgia law states that children are entitled to sustenance and support according to their needs. However, these needs are only limited by the finances of the parents.

A parent must offer child support for basics: food, shelter, and clothing. But they must also provide financial support for education, transportation, medical and dental services, and other essential components of a child’s overall development.

The judge can decide child support in your divorce case or if both parties agree on their own.

Spousal Support/Alimony

Georgia judges may order temporary or permanent alimony. Temporary alimony may be awarded if one spouse requires financial support while the case is pending. Permanent alimony sounds intimidating, but it’s usually for a limited period.

The court may order spousal support based on these and other factors:

• The length of the marriage
• The couple’s standard of living
• Age and health of each spouse
• Financial resources of each spouse
• Each person’s contributions to the marriage