A divorce can be emotionally challenging enough without having to deal with the immediate issues of child custody, asset division, and support payments. The Gentry Law Firm’s Fulton County divorce attorneys are here to help answer your questions and guide you when it comes to negotiating and settling your divorce agreement.
We provide experienced guidance and representation as you approach this new chapter in your life. While we will work towards a favorable resolution in mediation, we understand that sometimes negotiated agreements don’t happen. In these cases, we can protect and assert your legal rights in court. We will help you determine the best avenue to resolution based on the details of your case.
Uncontested vs. Contested Divorce
Fulton County divorces generally fall into one of two categories: uncontested and contested.
With an uncontested divorce, you both agree on all major issues that need to be resolved, namely child custody and support, property division, and spousal support. While this is the ideal outcome, it sometimes happens that divorcing spouses disagree on at least one aspect of their dissolution. If negotiations fail to overcome the problem, the divorce becomes contested and the area of disagreement will have to be litigated.
Our goal at the Gentry Law Firm is to obtain the best outcome for you and your family. We will work to achieve your goals using the most appropriate legal strategy, whether that is negotiation and mediation or litigation.
Child Custody in Fulton County, GA
Child custody encompasses both physical and legal custody. Physical custody relates to the residence of the child, while legal custody addresses the right of the parents to make decisions regarding the child’s education, medical treatment, religious practices, and involvement in extracurricular activities. When determining child custody, both aspects must be considered.
Many clients ask us if mothers automatically receive custody in Georgia courts. The answer is no. If parents can’t agree on a custody arrangement, they both have the opportunity to present their case to the court. The court follows the “best interests of the child” standard when making a decision.
If you have concerns about child custody, a Fulton County divorce lawyer at the Gentry Law Firm will help you achieve the best possible result while preserving your parental rights and protecting the well-being of your children.
Child Support in Fulton County, GA
The amount of child support paid in Georgia is determined by a statutory formula. Support obligations can depend on many factors, including the parents’ incomes, the child’s physical time with each parent, and any special needs the child may have. Other factors considered by the court include:
Factors a court may consider include:
- Health insurance costs;
- Travel expenses paid by the non-custodial parent;
- Whether one parent is paying alimony; and
- Medical and education expenses.
At the Gentry Law Firm, we have a thorough understanding of child support laws and can help you navigate the court system.
Fulton County Spousal Support or Alimony
If you depend on your spouse financially and your marriage ends, you may be concerned about how to support yourself. You may have been caring for your children or your home full-time or going to school to further your education and are now worried about how to make ends meet until you get the skills or training needed to become self-sufficient.
Or perhaps you are the sole income earner in your marriage but want to avoid paying so much alimony that you can’t afford to start a new life of your own. This can be a real concern if you are also paying child support.
Whatever the case may be, it is important to consult with an alimony lawyer from the Gentry Law Firm. We can explain your options and help you devise the best strategy for your situation. We are here to protect your financial interests and to make sure you are treated fairly.
Property Division
When you divorce, you and your spouse must divide the assets and debts you acquired during the marriage. This property division can be especially difficult after a long marriage that includes assets ranging from a home and other real estate to business income and retirement accounts. If you can’t negotiate your own property division agreement, the court will have to do it for you.
Georgia is an equitable distribution state when it comes to property division, meaning a court will consider what is equitable or fair after considering factors like the following:
- The standard of living during the marriage;
- Age and health of the parties;
- Both parties’ income, earning capacities, education, and vocational skills;
- Each party’s financial needs;
- Each party’s assets, debts, and liabilities; and
- Whether either party has wrongly dissipated or diminished marital assets.
At the Gentry Law Firm, we have experience handling property division issues during divorce and will protect your right to a fair distribution of assets and liabilities.
Talk to a Fulton County Divorce Lawyer Today
Divorce is a complicated process so it is imperative that you speak to an experienced divorce attorney about your rights and options. In Fulton County, the Gentry Law Firm is here to help you. Your future depends on the decisions you make today, so let us help you ensure that those decisions are the right ones for you.