Every divorce is as unique as the individuals involved. Couples facing divorce often have a wide range of varying goals, and the legal process attempts to fix all the problems with the same tool. Because of this complexity, a Marietta divorce lawyer can assist you in accomplishing your goals to help you get the most favorable outcome possible.
The knowledgeable attorney at Young Law Firm, LLC, brings decades of Georgia divorce law experience and a lengthy record of positive results. We will work with you to understand your goals in one-on-one meetings and then create a plan aimed at getting your desired results. You can learn more about your specific legal options for divorce by calling our Marietta office now at 770-795-9596.
Effective Guidance for Every Issue Related to Your Divorce
Attorney Diana Young can help you understand the decisions that you need to make during your divorce and how those decisions may affect your life and the lives of your children. We will help you address any divorce-related matter while keeping your unique needs, goals, and financial objectives in mind. Once you have agreed on a strategy together, Ms. Young will handle everything and keep you informed on divorce case updates.
A few of the common issues that may arise during your divorce include:
- Child custody and visitation matters
- Child support payments
- Marital property division
- Alimony, also called spousal support
- Domestic violence issues
Understanding Georgia Divorce Requirements and Timelines
In Georgia, a person who files for divorce must bring their case to the defendant’s county of residence if they are a resident of the state. If the defendant is not a Georgia resident, then the plaintiff can bring their divorce action in their county of residence. Typically, the defendant’s county of residence is the one they have lived in for at least six months before filing for the action.
However, Georgia law provides that a divorce case can be tried in the county where the plaintiff resides if the defendant has moved away from the same county within six months from the date of filing for the divorce action. This rule applies if this was the same county of marital domicile when the parties separated. The general rules of civil litigation related to the entry of a judgment apply to divorce and other domestic cases. Attorney Young can provide you with further guidance on this specific problem.
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You can contact the Marietta office of Young Law Firm, LLC today
Suppose an individual is filing an uncontested divorce, where all issues have been agreed on by both parties; the Uniform Rules of the Superior Courts of the State of Georgia allow the court to grant the divorce 31 days after the defendant was served. Several factors will determine the trial period for contested divorces. Both parties may come to an agreement quickly if only a few issues are contested. Divorce proceedings could take a long time for contested cases.
What Evidence Can Help Support My Marietta Divorce?
As you are advancing through a divorce in Marietta, it’s important to work with your lawyer to present strong evidence. A compelling story supported by substantial evidence can significantly improve the outcome of your case. Understanding the scope of what evidence you can collect to support your case can be extremely helpful.
Some of this evidence includes:
Financial Documents
Providing financial evidence is critical in divorce cases to ensure decisions like property division, child custody, and alimony are rooted in facts. Some common forms of financial documents used in a divorce include pay stubs, tax returns, bank statements, and investment account records. Both parties will need a combination of these items to demonstrate their income, expenses, and how much they have financially contributed to the marriage.
Communication Records
Various digital communication records, such as text messages and social media posts, can also provide valuable insight into your spouse’s behavior and intentions. For example, screenshots of a conversation with another individual could help you prove infidelity or that they have acted financially irresponsibly. Also, a social media post could help contradict a statement they have made about your financial status or character.
Evidence of Parenting Abilities
If child custody is a contested issue in your divorce, providing evidence that you are a capable parent will be critical. It can include records from the school, hospital, or any other entity that shows you have played a significant role in their upbringing. You can substantiate these records with testimonies from teachers, coaches, or neighbors who attest to your role as a strong and supportive role model for the child.
Photographs and Videos
Providing different photographs and videos can be critical pieces of evidence, as it is often difficult to dispute what is being depicted in these visual forms of evidence. For example, you could show an image of your home and the possessions inside it to document what marital property needs to be divided before the divorce is finalized. If you are accusing your partner of domestic violence or negligence, visual evidence of your injuries can also help.
Evidence of Marital Misconduct
Many mistakenly believe that providing evidence of marital misconduct is not useful in divorce cases because Georgia recognizes no-fault divorces. However, this is not true. Evidence of marital misconduct can still help get you closer to your objectives for the case. For example, if you can demonstrate how they committed adultery, abandoned a child, or engaged in financial misconduct, this can influence the court’s final ruling in your favor.
Employment Records
You can also provide employment records to confirm your or your spouse’s income and job stability. Both of these are key factors in making a final decision on alimony and child support. Your attorney will likely ask for pay stubs, employment contracts, and work schedules. All of this can help demonstrate what your earning potential is and if you have the availability necessary to parent or care for the child in question.
Medical Records
Your medical records can be useful in divorce cases where allegations of domestic violence, substance abuse, or other health-related disputes are a factor. These documents could contain important information about any injuries you have sustained during abuse or can confirm a substance-related health problem. All of this can help point to a parent’s ability to care for a child or support an alimony claim if one spouse needs ongoing medical care and funds.
Documentation of Attempts at Resolution
If you have made efforts to resolve disputes through mediation or any other means, it’s helpful to keep records of these attempts. When you do, this can be used as evidence that reflects positively on your willingness to cooperate. This can be in the form of emails or written proposals related to settlement discussions to show the court that you acted in good faith, even when your spouse was uncooperative.
Frequently Asked Questions About Family Law in Georgia
When family issues are involved, it can put enormous stress on your shoulders. Attorney Diana Young at Young Law Firm, LLC, will always aim to alleviate that stress as much as possible by offering clear, concise answers to all your questions, including those below.
Can a Stepparent Get Custody or Guardianship After Divorce in Georgia?
The Equitable Caregiver Act in Georgia recognizes the fact that parenthood is not always defined by genetic ties. Under this law, a stepparent who has consistently provided for a child’s care can apply for custody. Guardianship may also be granted if the child’s other parents are either deceased or unfit. Stepparent rights are a complicated area of the law, and the court will make all decisions based on the child’s best interests.
Is Georgia a No-Fault Divorce State?
Technically, no. You must choose from one of 13 grounds that justify a divorce, including such things as adultery, cruelty, intoxication, or drug addiction. However, the 13th ground merely requires you to claim that your marriage is “irretrievably broken.” This effectively functions as a no-fault divorce option and avoids casting blame on either party when the marriage is simply damaged beyond repair.
Can You Use Mediation in Divorce?
In an uncontested divorce, where a couple can agree on all aspects of their split, including property division, custody, and support, mediation is not required. When a couple is unable to agree, the divorce becomes contested, and mediation is required. During mediation, both parties and their attorneys will meet, and a mediator will try to help them reach a compromise. Only if mediation fails will the contested divorce move to active litigation.
FAQs
A: The total cost of a divorce lawyer in Georgia will depend on several factors, like how many years your attorney has been in practice and the length of time it takes to complete your case. Attorneys with years of experience winning cases similar to yours are in high demand, so it gives them the ability to charge a premium. The longer they spend collecting evidence and crafting your legal strategy, the more hours they will have to charge for.
A: There is no legal advantage to those who file for a divorce in Georgia first. However, it could have some strategic benefits. The filing party has the opportunity to set the tone of the case by outlining their claims and preferred outcome. They also present their case first if the divorce goes to trial. This can sometimes have some influence on how evidence is perceived. Regardless, you will have your chance to share your side of the story.
A: The ideal divorce lawyer should have direct experience in family law and a strong track record of case wins. If you can find someone who has already helped many people in your shoes, you can feel more confident they know what they are doing. A strong divorce lawyer will also possess excellent communication and negotiation skills, helping to increase the chances of your case being settled rather than advancing to a contentious court battle.
A: A conflict of interest in a divorce is when an attorney’s ability to represent a client is compromised by a competing interest, such as a personal or professional relationship. For example, if a lawyer has previously represented both spouses in another case or has a personal interest in one of the parties, it could lead to a bias. Georgia law requires lawyers to avoid conflicts of interest and disclose any potential issues upfront before taking on a case.
Do Not Wait to Get Legal Help for Your Divorce
If you are facing a divorce, call 7707959596 or contact the firm online to set up your free, 30-minute initial consultation. For your convenience, the firm accepts all major credit cards. Although its office is located in Cobb County, Attorney Young also represents clients in Paulding, Bartow, and Cherokee counties and the surrounding areas.
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