Getting a divorce can be a complex and messy process. However, a good divorce attorney can make the whole procedure quick and less painful.
Divorce includes a number of legalities that deal with the separation between a husband and wife. All such issues would be taken care of by a family law practitioner or an exclusive divorce lawyer specializing in that field. Interests of both the parties need to be considered during a divorce proceeding. It could be a difficult time for the whole family, and compassion, understanding and sympathy need to be part of the parcel of every divorce attorney.
The state of Georgia has a no-fault divorce policy. This means that the state does not require reasons for divorce, and the courts try to make the process as painless as possible for both parties. However, the division of assets and child custody require reasons for attainment of such. As in other states, Georgia accepts a divorce filing on the grounds of irreconcilable differences or irretrievable breakdown. Also, divorce is allowed when the partners have separated for more than a year prior to filing for the divorce. In such situations that case becomes an uncontested divorce and can be granted even when either party applies for divorce without both filing for the divorce together.
The court gets to decide who gets custody of the child. However, custody-related matters need to be finalized before the divorce is granted. The court would decide child support and custody matters while looking out for the child’s best interests, in the event that the parents are unable to decide who receives the custody of the children after the divorce. Some judges would allow the child to decide which parent he stays with. But this is usually when the child reaches an age where the parents cannot bribe or entice the child to pick them, and the child is able to take independent decisions.
When granting a divorce, the court decides on property and debt assessment, tax issues, prenuptial agreements, Social Security benefits, life insurance, disability benefits, personal injury money as well as gifts that both received while together, along with the attorney fee. In the event one of the parties is unable to bear the cost of attorney fees then they can file for counsel fee pedente lite. Other than these, financial and spousal support when relating to child custody and alimony is also taken into account. In Georgia, either party can provide alimony and, depending on the lifestyle they have been used to, the court decides the amount. Any business that was started must be considered when the partners break up. As per Georgia divorce laws, all the financial assets and properties must be divided fairly and equitably, even when they cannot be distributed equally between both the parties.
By: Jennifer Bailey
SEPARATION AGREEMENT – In a marital breakup, a document that outlines the terms of the couple’s separation.
Separation Contracts are generally made by the husband for himself and by the wife with trustees. This contract does not affect the marriage, and the parties may, at any time agree to live together as husband and wife. The husband who has agreed to a total separation cannot bring an action for criminal conversation with the wife.
So, it’s kind of like a temporary divorce. You can get a Vallejo family law attorney to provide you with a separation contract. It’s easy, fast and relatively cheap to do. If you find that you do in fact need a divorce, having an existing separation contract makes the divorce very easy to execute.
The provisions of a separation contract created by a Vallejo family law attorney are binding upon both parties. The provisions become binding once the final decree is filed with the courts. It is possible that the court may rule that the contract is unfair. So, you’ve got the courts on checking up on your Vallejo family law attorney. In most cases, the whole process is pretty streamlined. The Vallejo family law attorney draws up the contract, you and your spouse sign it, and that’s it!
So why might you want to have a Vallejo family law attorney draw up a separation contract?
Well, the main reason is that it’s cheaper than settling your differences in court. Another reason is that you can live separate lives without officially getting divorce. You can still get a divorce if you need one, and having a seperation contract makes getting a divorce really easy (or at least much easier). The reason is that there’s nothing left to fight over. All the issues are resolved in the separaton contract that your Vallejo family law attorney created for you. If you need to get a divorce, all you need to do is file a few forms and you’re done.
This Vallejo family law separation contract may provide for alimony for either party, rules for using property, provisions regarding children’s residency, and child support.
If you need a Vallejo divorce, the first thing is to file a divorce action. A Vallejo family law attorney can help you with this. Don’t worry, it’s not expensive. The expensive parts come later. Once your Vallejo family law attorney has filed your case, you can seek to enter into a separation contract or Vallejo mediation. These two options will save you time and money. Talk to your Vallejo family law attorney about it.
By: Charles Shaw
