What to expect in dealing with a divorce lawyer


Posted in Atlanta Custody Lawyer, Atlanta Divorce, Atlanta Divorce Attorney, Atlanta Divorce Lawyer, Atlanta Family Lawyer, Uncategorized on 02/04/2009 02:41 am by admin

Atlanta Divorce Lawyer

In today's world unfortunately divorces have become a more common occurrence; maybe it’s the more hectic schedule we have to live with forcing people to be apart more resulting in more divorces, or the busy lives of both couples working to support a family or a growing apart over time. Marriage troubles are now more common in today’s society, but that doesn’t make getting a divorce any easier. The emotions and memories at times are enough to cause a sane person to break down from the stress of a divorce many times.

We hope the information we present here will help you deal with your marriage troubles, and allow you to find a compassionate and experienced Atlanta Divorce Lawyer who can help make your divorce processes as stress free as possible.

A meeting with an Atlanta divorce lawyer is something that a couple hopes to never have to deal with when they get married but for the unfortunate couples where circumstances change and you end up growing apart for various reasons a meeting with a divorce lawyer maybe inevitable.

If you’re marriage is heading for divorce each couple will need separate divorce attorney’s to handle the divorce proceedings if the assets can’t be amicably split amongst the couples. The divorce lawyer is not someone you seek to help resolve the issues in the marriage. The divorce lawyer is someone you seek out when there is no way to agree on child support payments, alimony payments, division of assets, division of debts etc…

When you meet your divorce lawyer for the first time you usually don’t have to bring anything with you, unless you’re partner has served you papers from their lawyer.

Your divorce lawyer may ask questions that you find really personal but you need to answer the questions truthfully and honestly, everything discussed between you and your Atlanta Divorce Lawyer will be kept confidential.

The meeting with your Atlanta Divorce Attorney usually starts with an overview of the legal process involving the divorce. Issues involving your children, division of assets, division of debts, child support, alimony support and the Atlanta Divorce Lawyers fees and other if there are other fees such as hiring experts will also be discussed during the initial consultation. You need to trust your lawyer will do what’s in your best interest and offer him the information he needs to help you.

Remember your Atlanta Divorce Lawyer will not sugar coat the situation for you and just offer you advice you want to hear, the Atlanta Divorce Lawyer understands that at this point an amicable split is not possible.

The Atlanta Divorce Attorney will need to know what lead to the divorce, was domestic violence involved? Was infidelity an issue? Information on the children’s age, sex etc… All this information is necessary for the Atlanta Divorce lawyer to put together a plan that will be used to protect you and your assets.

Although your initial meeting with the Atlanta Divorce Attorney may seem like all of your life’s details are being exposed, you should realize there isn’t a situation your Atlanta Divorce Lawyer hasn’t seen before and they are professionals in handling divorce cases.
 

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace
 

How Does Divorce Mediation Work


Posted in Atlanta Custody Lawyer, Atlanta Divorce, Atlanta Divorce Attorney, Atlanta Divorce Lawyer, Atlanta Family Lawyer on 08/24/2010 02:33 am by AtlantaDivorceLaw

When divorce becomes a step that two people who used to love each other decide to take, depending on the situations and circumstances that turned their marriage sour, divorce proceedings and all the other events related to it can be pretty tedious. With regard to marriages where one or both parties are hostile, the whole process can get very ugly.

In order to avoid this divorce mediation occurs. In Atlanta, Georgia, this is a process where the parties seeking divorce get to negotiate a sort of agreement which is acceptable for each of them. In this process, a third party is present to facilitate a more productive meeting. With a mediator involved, good communication is ensured even in the most argumentative of couples. With regard to the third party’s state of mind during the proceedings, you have to wonder, does he or she take sides during the divorce mediation?

The answer to that question is no. Divorce mediators in Atlanta, Georgia are trained professionals and they know how to remain neutral in the tensest of divorce negotiations. It’s not their job to make decisions for each of the spouses and neither is it to decide who is wrong or right. Through divorce mediation, the legal rights of the parties are taken into consideration. With so many legal issues involved like custody of the children, division of property and the like, experts on the correctness of the process and each of the spouses’ legal rights are essential in arriving at an agreement between the parties seeking divorce.

Divorce mediation can be done in two ways, one is with the spouses together and two, separately. Depending on what the mediator thinks is appropriate, one mediator can work with each spouse separately and act as a go between these two parties. If direct communication is needed to reach an agreement, then divorce mediation occurs with both spouses together. It all falls on the relationship that the spouses have. The length of the divorce mediation also varies depending on the circumstances. Some are short and streamlined while others take several sessions that could be spread over a span of weeks and even months.

With a third party present, a more amicable process is seen to work in the divorce proceedings. There are fewer stumbling blocks when you’re working with a professional and in the state of Georgia, divorce mediation, be it mandatory or voluntary works.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace
 

How Are Alimony Payments Determined?


Posted in Atlanta Divorce Attorney, Atlanta Divorce Lawyer on 08/16/2010 08:52 am by AtlantaDivorceLaw
For a myriad of reasons, some couples see it best to part ways and especially in cases where there are children involved, part of the divorce proceedings have to cover alimony or spousal support. When it comes to alimony entitlement, there’s a question as to how alimony payments are determined in Atlanta, Georgia. It’s not only because married people want a divorce that one or the other becomes entitled to alimony. It depends on the income of both parties, whose is higher. The estate of the parties seeking divorce is also looked at. In order to support the lifestyle that one of the parties with a lesser income has become used to, periodic payments or even a lump sum award may be determined by the court as alimony.
 
 
In the state of Georgia, determining alimony has no set guidelines. However, it depends largely on what the judge sees for a fact in looking at the needs of one party and the ability of the other party to pay. Future earning capacity is also checked into as well as the separate assets that each party has. If either the male or the female gets custody of the children, their noneconomic contributions in the marriage are factored in. This consists of homemaking, child care and even the support that a spouse has for the other in career building.
 
 
Another factor that determines alimony payments is the conduct of the parties towards each other while they were still in the marriage. Most usually when there’s abuse, be it verbal, physical or emotional, spousal support has to be provided for by the “abuser”. In cases like these, custody of the kids are given to the party who can be most responsible for their care and growth and so the one with the kids needs some kind of support to rear them in a good environment.
 
 
Alimony payments can be temporary or permanent and if it is permanent, either party has the ability to choose to have a jury trial to make alimony modifications. This however can only be done with regard to the amount and not the length of time it is paid. If a lump sum alimony is determined by court, that cannot be modified.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace
 

In divorce cases how is it determined who pays spousal payment?


Posted in Atlanta Custody Lawyer, Atlanta Divorce, Atlanta Divorce Attorney, Atlanta Divorce Lawyer, Atlanta Family Lawyer on 08/06/2010 01:32 am by AtlantaDivorceLaw

While divorce is an issue no one wishes to have to deal with, divorce is actually very common and for a myriad of reasons, two people would want to decide to separate. The process of determining spousal support can be referred to in many other terms like alimony, maintenance or spousal payment. In the state of Georgia, spousal support is a right that one spouse has to receive an award in the form of money from the other spouse. This can be a temporary aspect of their divorced life or it can be permanent. As in the case of Atlanta, maintenance is unique for every case.

To determine who pays spousal payment and who is entitled to that alimony, a number of factors have to be considered. Many divorce proceedings have a distinct mix of the factors to determine who pays alimony and the major factors are the length of marriage and the income difference that the two parties have. Stated simply, if a couple filing for divorce have been married for many years and the other party has a larger income, it's a high likelihood that the court will order the one with higher salary to pay alimony to the other.

Other factors that the court will have to look at to determine who pays spousal payment and who receives that maintenance money is the lifestyle that each of the parties are accustomed to, other contributions that each party has made to the marital estate, the level of education each party has and their earning potential. With a competent and highly skilled divorce lawyer, divorce cases in Atlanta can be argued with other factors like the money invested by one party wasted by the other or did one spouse have to put his or her life on hold just so the other could finish school or training to pursue a certain profession.

After all these factors are taken into consideration, the amount for spousal payment will then be determined and this is governed by another set of factors that don't stem far away from the factors to determine who pays the alimony. Some of these factors are the separate assets that each party has, the conduct of the spouses toward each other in the marriage and even the noneconomic contributions that each party has made to the marriage like homemaking, child care and even career building.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace
 

Divorce Lawyer Atlanta Handles Different Types of Divorce


Posted in Atlanta Divorce, Atlanta Divorce Attorney, Atlanta Divorce Lawyer on 07/29/2010 02:54 pm by AtlantaDivorceLaw

It is very sad to admit that divorce is already a normal word, normal issue and a normal situation now a day. There is no big deal when you hear that someone is getting a divorce, if you know someone that has a divorce parents and if you want to get divorce. Divorce lawyer Atlanta deals on this case every day, client are getting divorce for different reasons and purpose.

According to Divorce lawyer Atlanta, divorce is ending you marriage and there are different types of divorce that they handle. It is not a simple process as you may think but it is stressful and emotional process. The types of divorce are no fault divorce, at fault divorce, summary divorce, uncontested divorce, collaborative divorce, electronic divorce and mediated divorce. Whether fault based or no fault based, court will still need to decide on division of property and evaluation of custody.

No fault divorce can be applied by one party or both parties and does not require declaring who’s at fault. At fault divorce is the opposite of no fault divorce because this one requires a proof that one party committed a fault in which reason one party wants to dissolve the marriage. This is known as grounds for divorce. New York is the only state in United States that requires grounds for divorce.

Summary or simple divorce is used when couples meet certain requirements and both agree beforehand. This kind of divorce is available in some jurisdictions. Factors to consider are having short marriage, no children, no real property, or both marital and personal property is under a threshold.

Uncontested divorce is when two parties agreed on division property, children custody and support. Divorce lawyer Atlanta considered this as a guaranteed divorce because approval of divorce is very possible. Collaborative divorce became popular type; both parties negotiate with the assistance of lawyers to come up with an agreement. Mediation divorce is a confidential sessions with the help of a mediator. This mediator will lead the parties to come up with an agreement that they will present to the court. Electronic divorce allows married couples to file divorce via electronic requests and can be decided within an hour.

If you are not sure which type of divorce you need to file, just call Divorce lawyer Atlanta to further assist you and help you in the process.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace
 

Atlanta Divorce Lawyers: Knowledge about Divorce Laws


Posted in Atlanta Custody Lawyer, Atlanta Divorce, Atlanta Divorce Attorney, Atlanta Divorce Lawyer on 07/24/2010 08:56 am by AtlantaDivorceLaw

When it comes to law, specifically that of divorce, there are many things to consider. You can get to learn more about divorce and the laws governing it with Atlanta divorce lawyers. Depending on the state, divorce laws may differ and each state has ways to determine the grounds, temporary separation period, division of assets, child support, etc.

Some basic questions to ask yourself and your spouse when you’re considering this breakup in marriage is if you and your spouse agree on the divorce terms that have been set. How soon is it that you’re looking to get the divorce filed? It might be part of your goals to attempt to reconcile or not at all. Are you and your spouse still living together? And was a divorce case already filed at the courts? If you’re looking to the help and guidance that a professional could give you, you can go online and take a short questionnaire about your status regarding these questions. Another important question to ask before calling on the help of Atlanta divorce lawyers is how to finance the divorce case? It’s true that filing and getting a divorce is not a cheap process. You may not be able to afford the legal fees or you could finance the case using personal savings, your income, support from the family or from taking out personal loans.

Basically, under the state of Georgia, the divorce laws can be summarized as such, with fault or no fault, it’s set on both parties. Property division falls under equitable distribution. This simply means that Atlanta divorce lawyers can work with the state laws of divorce wherein couples could file the grounds for divorce as fault or no fault. When the grounds are listed in as no fault, it states that the marriage is one that is irretrievably broke as the filing for divorce commences. There is no blame on either party as to why the marriage ended. When it comes to these grounds, it’s possible the couple has to follow the set waiting period under the state laws of Georgia.

For divorce that’s filed under fault, one spouse may file due to duress and fraud, mental incapacitation, habitual drunkenness, etc. There are so many grounds to file for divorce under the fault grounds. With the help of Atlanta divorce lawyers, you can get through more smoothly in the divorce proceedings by knowing about divorce laws.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • NewsVine
  • Reddit
  • StumbleUpon
  • Google Bookmarks
  • Yahoo! Buzz
  • Twitter
  • Technorati
  • Live
  • LinkedIn
  • MySpace
 
Older Entries