Divorce Attorney Buford GA
Let our divorce lawyers help you through this difficult time
Under No Circumstances, Should You Ever Deal with Divorce Alone
Divorce is not only stressful, but you never think it will happen to you. If it does happen, it can leave you devastated and confused causing your decision making to be obscured. You don’t want to make major decisions alone. That’s why it’s important to have the support of a qualified attorney that can help you through the process with success.
Banks, Stubbs & McFarland LLP has the knowledge and experience it takes to help you through the process of divorce with the best possible outcome that’s best for you. Give us a call today for a free consultation.
The Main Legal Facets of Divorce
Any couple that is going through a divorce feels overwhelmed and like their life has been turned upside. From an attorney’s perspective, we understand the legal system and laws that will help you remain objective and be an advocate in the legal aspect of the process.
When small children are involved while going through a divorce, it can be a more challenging process. Therefore, it is vital to outline the precise details about the minor children during divorce. Some of the issues regarding child custody are as follows:
- Which parent will the children live with?
- How is economic support managed?
- What are the visitation arrangements (especially around the holidays)?
These are only a few details that need to be worked out when it comes to child custody. There is a difference between legal custody and physical custody in Georgia. Legal custody is who will make the final decisions regarding the children’s well-being. Physical custody is how much time will the children spend with each parent.
Not only do decisions about child support need to be addressed, but decisions regarding alimony. In certain marriages, one spouse may make significantly more income than the other or they may equally make about the same.
Alimony which is sometimes called spousal support is the financial support that one spouse is ordered by the court to give to their spouse before or after marital separation or divorce. Either spouse can request alimony during the divorce proceedings and agree on the length of the alimony arrangement. There are different types of alimony which include:
- Temporary Alimony (also called Pendente Lite alimony) – This can be arranged while the divorce is in progress to assist until the divorce is finalized. When the divorce is final, there might not be an order for alimony after the divorce. If it is awarded, the amount could be lower or higher than the temporary amount.
- Permanent Alimony or Indefinite Alimony – The financial arrangement lasts until the spouse dies or until the court determines that alimony is no longer necessary.
- Time-Limited Alimony (also called Rehabilitative Alimony) – The financial arrangement lasts for a limited time and is determined by a judge. An example would be if the spouse that is receiving the financial support needs to gain some work experience or training necessary to support themselves.
If you need legal advice when it comes to Alimony, we can assist you in making the right decision during the divorce process.
Emotions run deep when it comes to our belongings, but when having to divide up assets during a divorce, it’s important to keep a few things in mind.
- First, it’s vital to outline what is a “marital” asset and what is not. There’s a difference between “who obtains what” and “who had what” and it pertains to the latter.
- Second, keep in mind that in Georgia, there is not a requirement to have an equal division of property in a divorce. That said, one spouse can certainly receive more than the other.
When it comes to dividing assets, discuss and consider what is the best choice in how to divide assets such as credit cards, vehicles, real estate, retirement accounts, bank accounts, and more. Asset division is an extremely matter to address and often commands a lot of cooperation on both spouses to have a peaceful outcome.
We can help guide you through the process and give you sound legal advice in every aspect of your divorce. Call us today for a free consultation.
Once the decision has been made with child custody concerns, the next best step is to plan financial arrangements that are needed for the children. Generally, it’s money that is given from one parent to the other that covers the cost of the children’s provisions, such as clothing, food, school supplies, etc.
It all depends on several factors when it comes to child support, including the income of the spouse, number of children, etc. Also, it’s a good idea to plan for the special expenses that come up, like summer camps, braces, medical costs, etc.
Banks, Stubbs & McFarland LLP can assist you in determining the most feasible amount that’s best when it comes to child support.
Four Divorce Pathways in Georgia
If you are contemplating divorce, it’s a good idea to educate yourself as much as possible Below are four different ways to reach a divorce agreement in the state of Georgia:
- Uncontested Divorce – This is the more expeditious and easiest divorce type; however, it isn’t always possible in every set of circumstances. An uncontested divorce is when both spouses agree on everything that needs to be settled, such as alimony, child custody, and asset division.
An uncontested divorce can take up to 31 days (sometimes longer) from the date of filing when the divorce papers are signed prior to filing for divorce with the courts. Undoubtedly, this is the most inexpensive way to go through a divorce. It’s always best to have an attorney review your agreement to be sure that nothing is left out or possibly giving up some rights that you aren’t aware of.
If an agreement has been made on most aspects of your divorce, but you haven’t come to an agreement on some things, it may be best to consider using a divorce lawyer to assist in the negotiation. Also, there is the option of going to divorce mediation.
- Contested Divorce
A contested divorce is the exact opposite of an uncontested divorce as neither spouse has come to an agreement on one or more matters in the divorce process.
It can be very difficult to come to an agreement when it comes to asset division, alimony, child custody, and support, whatever the reason may be for divorce. The issue is that if the couple cannot come to some kind of agreement, the attorney, mediators, and judge make the decision on their behalf.
As you can probably figure out, contested divorces can take from several months to several years to come to a resolution with far more attorney and court fees.
- Collaborative Divorce
Collaborative divorce is an option that many people aren’t aware of. It starts with both spouses agree to not go to court. This is a good option for those that come to an agreement, but still want to avoid a combative, hostile court proceeding.
The whole process is conducted through third parties. The steps amid the third parties, include financial advisors for both sides of assets and debts, experienced custody professionals which include therapists that help resolve children-related issues.
The outcome of these meetings leads to a final divorce agreement which both parties sign and agree upon on their own before submission to the court identical to most divorce proceedings.
Another path to consider is Arbitration. When the couple struggles to come to an agreement on their own, this process involves both spouses participating into an arbitration agreement which enables the arbitrator to make the best and final decisions regarding all the biggest points of contention.
One of the biggest benefits of using arbitration is that it permits the couple to keep their documents private, especially when there are significant assets involved. Arbitration is often a shorter divorce process to help come to a final agreement.
Reaching an Amicable Divorce in Georgia
An amicable divorce means a civil divorce, where the couple agrees to the terms and conditions of dividing assets, spousal and child support, visitation and custody without aggression or hostility. Amy M. Carter, founding partner, concentrates on divorces and child custody proceedings. She has the experience and understands the process and how it affects families. Also, she has been given an invitation to the exclusive Amicable Divorce Network here in North Georgia.
Through this divorce process, both spouses still strive to protect their property, financial benefits, and custody rights. The couple agrees to move towards a compromise and the willingness to be fair and separate their emotions from the diplomacy involved in a reasonable settlement. It is important to prepare ahead of time before the process begins when seeking amicable divorces.
Ms. Carter, of Banks, Stubbs & McFarland LLP, will assist you in evaluating the entirety of your shared debts and personal property and negotiate the best child custody action to take. An experienced attorney is vital in helping you make the informed decisions through the divorce process.
How to Choose the Right Divorce Attorney
It’s a fact, the process of divorce can be stressful, emotionally exhausting, and a financial strain. It’s important that you hire an attorney quickly when you have made plans to proceed with a divorce. Though you may both agree to have an amicable divorce, you still need an attorney that will represent your best interests during the entire process.
Founding partner, Amy M. Carter has assisted many couples work through the divorce process, negotiating for their best interests as well as their rights. It’s of utmost importance to speak to an experienced, family law attorney before you accept any agreements or file any papers. Call Banks, Stubbs & McFarland LLP to schedule an initial consultation.
About Buford Georgia
Founded in 1872, Buford is a bustling city in the state of Georgia. Much of our customers reside in Buford GA, close to Atlanta’s metropolitan area and many enjoy using our professional services. Buford has a population of 12,225 residents and an estimated 4,000 households. Buford was an original part of the Cherokee territory and settlers began to colonize during the 1860s. Buford is located north of Gwinnett County and is considered a suburb of North Atlanta. The climate in Buford is subtropical and usually humid with long hot summers and cool winters. We enjoy serving our customers in the Buford area and we also enjoy what Buford GA has to offer such as Lake Lanier, The Mall of Georgia, and Downtown Historic Buford towns.
Areas We Serve In Gwinnett
- Peachtree Corners
- Sugar Hill
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Our Service Area
We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Atlanta law firm as soon as possible to learn how we advocate for your best interests.