For many married couples, divorce is a sad reality since not all marriages work out as expected. But divorce does not have to wreck your family and finances. If you are ready to take the next step and ensure that your divorce case moves as stress-free and easily as possible, the Gainesville divorce lawyers at Banks, Stubbs & McFarland can help.
Georgia follows the rule of equitable distribution or division when figuring out which spouse gets what during a divorce. For the purposes of dividing marital assets, equitable distribution means that all marital property is divided based on what’s fair, meaning that each spouse may not get 50% each. In most cases, judges will determine the division of property based on how each spouse contributed to the assets to be divided and the marriage in general.
Judges in Georgia do not use a set formula for calculating alimony awards. They must consider the recipient spouse’s financial needs, the paying spouse’s capacity to pay alimony, and the duration of their marriage, among other factors, to figure out whether alimony is needed. Depending on the circumstances, alimony payments may be paid temporarily or permanently, but not for life.
Judges will order child custody agreements based on the children’s best interests, taking into account the children’s specific circumstances. Legal and physical child custody orders can be joint or sole. With joint legal child custody, you and your spouse will share decision-making powers regarding your children’s care. With sole legal child custody, only one of you can make the decisions. With joint physical child custody, you and your spouse share relatively equal amounts of time with your children.
Child support is intended as financial aid for custodial parents. Take note that the payments are for the child’s expenses and not the custodial parents. In Georgia, the income shares rule is used for calculating child support amounts, meaning that both parents’ incomes will be considered when determining the amount of support payments.
Each divorce case is different and comes with unique issues and complicated legal considerations. When you work with the Gainesville divorce lawyers at Banks, Stubbs & McFarland, we will consider all the facts of your case and craft a plan that suits your family’s best interests, whether through mediation or in court.
We believe that effective negotiation is essential for achieving a fair resolution for everyone involved, and our lawyers are experienced negotiators that can provide creative solutions specifically customized to your needs. Keep in mind, however, that some divorce cases may need to be litigated in court when couples cannot negotiate in good faith and mediation is not successful.
At Banks, Stubbs & McFarland, our Gainesville divorce lawyers are prepared to provide reliable, efficient, and effective legal representation regardless of how complicated your divorce case may be. Learn how our Gainesville divorce lawyers can help by arranging a free case review. Dial 770-887-1209 or send us a message online today for more information.