Personalized Legal Guidance In All Family Law Matters
What happens in a divorce will affect every aspect of your life. At The Law Offices of Abbott & Abbott, P.C., we know how important every step in the process is for you and your family. When it is in your best interest, we will not hesitate to take your case to trial. We are known in Georgia for our effective trial work.
It is important to note that bad behavior on the part of either spouse can have a huge impact on the divorce. In Georgia, adultery is an automatic bar to alimony, and both substance use and domestic violence can affect visitation rights.
Our family law attorneys in Marietta will research the specifics of your case and safeguard your rights in all aspects of your divorce. Additionally, we regularly handle the complex aspects of separation and uncontested divorce cases for clients throughout Cherokee, Cobb and Fulton counties.
We handle the full range of divorce and family law matters for both husbands and wives, including:
- Child custody matters: We will work in the best interests of your child(ren) and fight for your parental rights. We will customize your parenting plan, visitation and modifications.
- Child support agreements: We will explain the Georgia child support guidelines so that you understand your rights, and we will work to adapt your child support agreement to your unique situation. We will also help you modify your child support agreement/order as circumstances change.
- Alimony in your divorce: We will explain the factors the court will consider when determining spousal support (alimony) and whether it will be part of your divorce decree.
- Property division and high-asset divorce: Property division can be a complex matter that takes many factors into consideration. Whether your property division agreements include modest or substantial assets, you need a skilled lawyer on your side to protect what is rightfully yours and to make informed decisions.
- Mediation for resolution: In Georgia, every contested divorce case is required to go through court-mandated divorce mediation. We can represent you and make sure your rights are protected.
- Prenuptial and postnuptial (marital) agreements: Did you sign a prenuptial or postnuptial agreement? We will help you explore your contractual rights and options, including potential obligations. We will also enforce or defend against a prenuptial agreement in the divorce process.
- Domestic violence and divorce: Whether you are pursuing a protective order or need defense against accusations of abuse, we can champion your case and protect your rights. Domestic violence is an extremely serious matter for both sides.
- Military service and pensions: We will help you understand the specific laws relevant to the collection of benefits and particular issues involved with military divorce, custody and support. We will fight for your rights and interests in all matters.
- Further questions you have about family law may be answered on our FAQ page, or you may call us anytime to schedule a consultation at 678-905-8781 in Marietta at 678-792-4908 in Canton or at 678-905-8781 toll free.
Discovery In Your Divorce Case
When going through the divorce process, you will hear a lot of terminology that you are not familiar with. You may have already started hearing terms like equitable distribution and sole or joint custody. You may have already heard the term discovery.
Discovery is the process that both parties go through to secure information. This refers to securing information not only from the other side, but from third parties as well, such as banks. Information can come in the form of documents, including tax returns, as well as in the form of interrogatories. Interrogatories are simply written statements about a certain issue.
Why Is Discovery So Important? In order for us to work with you to reach a positive outcome, we have to understand everything that is involved in your case. Discovery makes certain that all of the facts and numbers are brought to light. It allows us to inspect documentation to prevent anything from being overlooked. It is the first step in pursuing the best outcome for you.
Temporary Orders In Divorce Cases
When you hire our firm, we will work tirelessly to secure orders that put you and your children in the best possible position as you move into this new chapter of your lives.
We effectively negotiate all types of temporary orders, including:
- Temporary custody orders
- Temporary child support orders
- Temporary alimony orders
- Temporary restraining orders
Adultery Is A Ground For Divorce In Georgia
While there is a no-fault ground for divorce, referred to as irretrievably broken, bad conduct is still relevant. One of the most common fault grounds for divorce is adultery.
We pride ourselves on our aggressive approach to divorce cases. This approach becomes particularly important in cases involving allegations of adultery because these cases tend to become very contentions. We are ready to fight and are well-equipped to serve as your advocates. Contact one of our experienced lawyers in Marietta for a consultation.
How Is Adultery Proven? In some cases, one party or the other has admitted to adultery. In others, there may be clear indication that a husband or wife has been sleeping with someone else. When necessary, we will work with private investigators in order to gather information to prove that adultery took place or to disprove the other spouse’s allegations.
Filing for divorce on grounds of adultery can have a serious impact on the case, particularly when the case involves a long-term marriage. A spouse who commits adultery could feel the impact in a variety of ways, one being that the spouse will not likely be eligible for alimony.
Has your spouse committed adultery?
Have allegations of adultery been made against you?
We will review your case to take the appropriate action, no matter what challenge you are faced with. We will do what is right for you.
Divorce And Contempt Actions
A divorce decree is a binding legal document. Both parties have to follow the orders in a divorce decree, and they must seek a formal modification of the decree to change its terms. Contempt in divorce occurs when one party fails to live up to the obligations of the divorce decree.
If you have been accused of contempt, or if you feel your ex-spouse is in contempt, speak with our divorce attorneys now.
- Our law firm takes aggressive action when someone fails to pay alimony or live up to a court’s order. If a change is necessary, it must be done through a alimony modification action.
- If one spouse fails to meet the requirements of the property division order in the divorce decree, the court should be informed — especially if the failure was willful and intentional. Division of marital property is often the financial foundation for the next phase in your life. You need a lawyer who will take action to ensure that the divorce decree is honored in full.
If you have failed to meet your obligations as outlined in the divorce decree, explain your situation to a lawyer before the situation gets out of hand. We may be able to recommend ways to get you in compliance before the situation worsens.
If a parent fails to pay court-ordered child support, it is best to talk to a lawyer who will take quick action.
Jurisdiction And Divorce (Domestication Of Divorce In Georgia)
The term “jurisdiction” refers to which court will be hearing a divorce case. In Georgia, a court will have jurisdiction over a case when one of the parties has been a resident of the state of Georgia for at least six months, and that six-month requirement must have already been fulfilled at the time of the filing of the complaint.
The divorce typically must be filed in the county where the defendant resides. There are other tests for meeting venue requirements in a Georgia divorce.
There are unique aspects of divorce, depending upon where that divorce case is heard. The length of time that may pass before your hearing could be as short as two months or much longer. The required paperwork will be very specific. Mediation may be mandatory in some counties, and not in others.
Our experienced family law lawyers in Marietta can help explain divorce jurisdiction to you and what it will mean in your divorce case. Since every county has a different set of procedures pertaining to divorce and a different set of judges who will uphold these procedures, it is even more important to have an attorney who knows how to navigate through the court system.
When You Face Both Divorce And Bankruptcy
Divorce can lead to many nondischargeable debts, such as alimony or child support, which bankruptcy can do nothing to change. However, through Chapter 7 or Chapter 13 bankruptcy, it may be possible to stop creditor harassment, reduce or eliminate dischargeable debt, protect your home from foreclosure, handle complex tax matters and get the debt relief that you need to move forward.
Taking action can help you free up resources, meet the obligations of your divorce decree and get back on track financially. Our firm is here to answer your questions and to provide the right resources for your situation.
We will tenaciously pursue your interests through the processes of bankruptcy and divorce. We know how damaging a divorce can be to your finances. We can help you take action to stabilize your life and financial future. Make sure that you are represented by a lawyer you can trust.
Please call our firm in Marietta at 678-905-8781, Canton at 678-792-4908 or toll free at 678-905-8781 to schedule a consultation with one of our lawyers. We are also available and responsive through secure email. We look forward to meeting with you.
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If your legal custody and parenting agreement no longer fits your family's needs, either parent can seek a modification in Georgia. After the court approves your initial parenting plan, you can request a change in visitation or parenting time once every two years....