Divorce can be complicated, emotionally, financially, and often legally. Even amicable divorces have to resolve significant matters like child custody and child support, alimony, and property division. When disputes arise over any of these arrangements or the marital estate is complex or highly valuable, it is critical that you work with a Cherokee County divorce lawyer who will ensure that your rights are protected in the process.
At Gentry Law Firm LLC, we believe that no one should go through divorce alone. We provide skilled and compassionate representation to those facing divorce in and around Cherokee County, Georgia. We have the experience and resources to handle the most challenging matters, including contested support claims and high net worth property division.
Regardless of whether you are facing an amicable or high-conflict divorce, Gentry Law Firm LLC will advocate for a conclusion that gives you what you need to move forward with your life.
Divorce in Cherokee County GA
In Georgia, divorces generally fall into one of two categories:
- Uncontested: With an uncontested divorce, you and your spouse reach an agreement on child custody and support, alimony, and property division. Although these proceedings are amicable, your Cherokee County divorce lawyer will help ensure that the settlement agreement meets your financial needs and gives you maximum time with your children.
- Contested Divorce: Georgia divorces become contested when the two parties can’t agree on all of the matters that must be resolved. Ideally, these disagreements are settled through negotiation, but if that doesn’t work, we can litigate and let the Courts decide. If this happens, your divorce attorney at Gentry Law Firm LLC will present your case with skill and dedication.
If you want to file for divorce in Cherokee County, Georgia, one of the following situations must be true:
- You or your spouse lived in the state for at least six months before filing OR;
- Georgia was your last home as a married couple during the six months prior to divorce.
There are 13 recognized grounds for seeking a divorce here. The most commonly-used one is that the marriage is irretrievably broken, but you can also file for divorce if your spouse committed adultery, deserted you, or subjected you to cruel treatment. We can explain the fault-based grounds for divorce and pursue the one that best applies to your case.
Child Custody and Child Support in Cherokee County GA
Georgia law allows you and your spouse to make your own child custody and support agreement. If your spouse won’t work with you or the two of you can’t reach an agreement, the Cherokee County Courts will make a decision based on your case and the best interests of the children.
There are two types of child custody: physical and legal.
- Physical Custody: This type determines where the children will live. The most common (and preferred) outcome is primary physical custody being awarded to one parent and visitation rights for the other parent. Other options include sole physical custody, in which the children live with one parent, and joint physical custody, in which they spend roughly an equal amount of time with both parents.
- Legal Custody: Legal custody gives a parent the right to make decisions regarding the children’s health care, education, religious upbringing, and extracurricular activities. The preferred option is for both parents to share legal custody, although the Courts will award sole legal custody to one parent if doing so is in the children’s best interests.
In Cherokee County and in Georgia statewide, mothers and fathers have equal standing in a custody determination. Any children aged 14 or over may choose which parent they want to live with unless the Courts decide that their choice is not in their best interest.
When it comes to child support in Cherokee County, the law takes the position that children deserve financial support from both parents. Georgia child support guidelines take your respective gross incomes into account, along with factors like child care and health insurance costs before determining a monthly support amount.
In general, support payments continue until a child turns 18, marries, or becomes emancipated. If they are still in school at 18, they may continue receiving support until they turn 20. If you have questions about child support in Georgia, discuss them with your Cherokee County divorce lawyer at Gentry Law Firm LLC.
Also known as spousal maintenance or support, alimony is intended to support a lower-income spouse until they remarry or get the skills, training, or education needed to become self-supporting. When deciding whether to order alimony, the Courts take factors like the following into account:
- The duration of the marriage;
- The standard of living you enjoyed while married;
- Each party’s contribution to the marriage, whether it be financially or by raising the children or supporting the other spouse’s career; and
- The requestor’s need for support and the other spouse’s ability to pay it.
If you need financial support while the divorce is in progress, you can petition for temporary alimony and request an ongoing arrangement after it is finalized. An alimony lawyer at Gentry Law Firm LLC will help you pursue the support you need.
Georgia is an equitable distribution state, meaning that if you and your spouse cannot agree on how to divide the marital estate, the court will order a distribution that aims for a fair outcome instead of a precise 50-50 split. Factors that are taken into account include each spouse’s income and resources as well as their respective contributions to the marriage.
While some estates are relatively easy to divide, others are complex, especially during high net worth divorces that involve businesses, high-value property, and large amounts of real estate. Your high asset divorce lawyer at Gentry Law Firm LLC will fight for an arrangement that lets you retain your separate property while receiving your fair share of the marital estate.
Need to Speak with a Cherokee County Divorce Lawyer?
At the Gentry Law Firm LLC, we provide supportive and diligent representation to all types of clients facing divorce, regardless of their personal circumstances or financial situation. We do our best to resolve disagreements through negotiation but are prepared to fight for your rights in court if necessary. To schedule an initial consultation, please call 1-770-425-5573 or contact our office online.