Let our divorce lawyers help you through this difficult chapter of your life.
Divorce can be one of the toughest life transitions someone will ever go through. Many people’s support systems shift, leaving them to make big decisions alone. Divorce may also leave you feeling exhausted and lonely, which is why the family law attorneys at Banks, Stubbs & McFarland LLP are here to provide solid legal counsel during this often painful process.
Our divorce attorneys have the experience and knowledge you need to represent you during this difficult time in your life. We’re the law firm you want on your side during divorce proceedings. Call us for a free initial consultation today.
Going through a divorce might feel like a whirlwind, but our attorneys have a knowledge of the law that will help them navigate this process with you and remain objective on your behalf. Below are the main issues that need to be determined in a divorce.
Divorce is hard enough when there are no children involved, but couples with children have decisions to make that can make the process more complicated.
Defining the specific details about the minor children prior to divorce is also known as negotiating child custody. The divorcing couple needs to make decisions about where the children will live, rules about visitation (especially around holidays), and dividing financial responsibilities. This is by no means an all-inclusive list, but simply a place to start.
Physical custody addresses the issue of how time with the children will be allocated to each spouse. Legal custody has to do with who will make the final decisions for the children.
In addition to child support and custody, there needs to be an agreement between the divorcing couple regarding alimony.
In some marriages, the spouses may make similar incomes, while other marriages present an income disparity between spouses. Alimony is the financial payment from one spouse for the support of another while living separately. This is often a point of contention between divorcing spouses, which is why alimony is such an important step. If alimony is feasible, the amount depends upon factors like spousal needs and abilities.
Our attorneys can provide sound legal advice on this issue while keeping your best interests in mind.
When it comes to divorce, asset division may be one of the toughest tasks. Marriage can intertwine spouses’ lives more than it may appear on the surface, often making the process of splitting up belongings difficult.
It’s important to define what constitutes a “marital asset,” and to consider “who had what” prior to the marriage, rather than “who gets what” after the divorce. In Georgia, there is no law requiring an equitable division of property in a divorce. This means that one spouse can keep or give away more than another. Asset division includes not only physical belongings and property but also bank accounts, retirement funds, credit cards, debt, vehicles, and more.
Asset division can be difficult and emotional for many clients, which is why our attorneys specialize in family law. They can advise you on the many issues within the process of divorce and guide you through the process. Contact us for a free initial consultation.
Once divorcing parents settle on issues of child custody, the next step is to decide the financial arrangements with the best interests of involved children in mind.
Often, child support comes in the form of money paid by one parent to another to cover the costs of child-rearing. The amount of child support depends on several factors, including the number of children, the comparative income of the spouse, etc. This amount includes not only day-to-day living expenses but also special expenses that may arise like braces, medical expenses, and summer camps. Our family attorneys can help you determine and request a reasonable amount of child support.
If you are considering going through a divorce, it’s important to be as knowledgeable as possible. Here are the four different ways to arrive at a divorce agreement in this state:
An uncontested divorce is the fastest and easiest type of divorce when both you and your spouse agree on how everything should be settled. If you come prepared with a signed divorce agreement prior to filing for divorce with the courts, your divorce can be finalized within as little as 31 days from the date of filing.
This type of divorce is the best way to avoid expensive legal bills and large attorney fees. It is the least expensive way to go through a divorce, but we strongly suggest having an attorney review your agreement to avoid missing important aspects of giving up your rights during the divorce proceedings. If most things are settled but a few sticking points remain, hiring a divorce attorney or choosing divorce mediation can help you work through those final steps.
Contrary to an uncontested divorce, a contested divorce happens when you and your spouse do not agree on one or more issues related to the divorce process. If you cannot come to an agreement on any of the aforementioned issues, it becomes the responsibility of the attorneys, mediators, and the judge to decide things on your behalf.
Contested divorces can take several months to many years to resolve, and cost more in attorney and court fees, but are sometimes unavoidable.
A lesser-known option, collaborative divorce involves a spousal agreement not to go to court.
The entire process is then held through third parties, such as financial professionals for both sides regarding assets and debts, as well as child custody experts like therapists or social workers. These collaborative meetings result in a final divorce agreement that is signed before submission to the courts to complete the legal proceedings.
Arbitration is another path to consider when spouses struggle to come to a mutual agreement without intervention. This process enables spouses to come to an agreement with the help of an arbitrator to make final decisions around points of contention and allows spouses to keep their documents private.
Divorce arbitration can often occur fairly quickly which can shorten the divorce process by helping to achieve a final agreement.
An advantage of using arbitration is that it allows the spouses to keep their documents private which is perfect when there are considerable assets involved. More often than not arbitration can occur fairly quickly which can shorten the divorce process and help get to a final agreement.
Many divorces are hostile and emotionally draining, which is why amicable divorces are much preferred. To achieve an amicable divorce in Georgia, it’s important to communicate your intentions, protect yourself and remain open-minded. Ms. Carter, of Banks, Stubbs & McFarland LLP, will help you analyze shared assets and assess the importance of assets in your life versus your willingness to give them up.
During this process, both spouses still seek to protect their custody rights, property, and financial interests. Unlike in contentious divorces, the couple agrees to approach this with a willingness to compromise and keep an open mind. Those who want to seek amicable divorces should prepare as much as possible before the process begins.
Hiring an experienced attorney for your divorce will help you make informed decisions during the process.
The process of divorce can be emotionally and financially draining. When you and your partner decide on divorce, it is in your best interest to hire a lawyer as soon as possible. Even if you agree to an amicable divorce, the process is complex and it’s best to have a lawyer representing your best interests throughout the process.
Founding attorney Amy M. Carter has guided many clients through divorces of all kinds. Whether you anticipate a difficult or amicable divorce, she will help you navigate the process and fight for your rights based on strong legal knowledge. We recommend speaking to a skilled family lawyer before making any agreements or filing any paperwork. Contact Banks, Stubbs & McFarland LLP today to schedule a consultation.
Located in the western end of Gwinnett County, Dacula has some of the oldest buildings around the metro Atlanta area. It was first settled around the time of the War of 1812 but stayed underdeveloped until the 1940s. Like many towns around Atlanta, Dacula was once named after a railroad executive when it went by the name of Hoke. It was later changed by combining the letters in Decatur with the letters from Atlanta to form Dacula.
Currently home to some of the nicest subdivisions in Atlanta, Dacula has some wonderful parks (Dacula Park, Harbins Park, Duncan Creek Park) as well as some great shopping areas (near the Mall Of Georgia) and some local attractions like the Stars & Strikes Family Entertainment Center.
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.