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Divorce - marital assets - marital debts - legal custody - physical custody - child support | Divorce - child support - alimony or spouisal support - division of marital estate

Divorce Attorney Atlanta

Alpharetta Divorce Lawyers

Contested and Uncontested Divorce in Georgia

At Vayman & Teitelbaum, P.C., we represent men and women in both contested and uncontested divorces. In an uncontested divorce, our goal is to keep your case moving along as smoothly and efficiently as possible. In practice, very few divorces are actually uncontested.

In most divorces, the parties disagree over at least one of the following issues: Spousal support, division of property, child custody, or Child support. In contested divorces, our counsel works to achieve your short-term goals and protect your long-term interests.

A Practical Approach to Divorcing in Georgia

In order to file for divorce in Georgia there must be (1) a valid marriage and (2) residence in Georgia by one of the parties for at least six months prior to filing for divorce.

There are 13 grounds for divorce in Georgia, one of which is that the marriage is "irretrievably broken." This is considered to be the "no-fault" grounds for divorce in Georgia. There is no advantage or disadvantage to alleging a fault or no-fault ground for divorce.

The spouses do not need to be in a state of physical or legal separation in order to file for divorce, but Georgia courts do require that the parties are in an actual state of separation. A husband and wife can be in an actual state of separation and still live in the same house. In fact, there are situations where the couple remains in the same house throughout some or all of the divorce proceeding.

North Atlanta Child Custody and Child Support Attorneys

Whether contested or uncontested, every divorce case needs to resolve four main issues:

  • Property division, particularly with high-asset couples.
  • Custody of the child or children, including visitation or parenting plans.
  • Child support payments.
  • Spousal support payments.

Child support is largely determined by child custody and parental income, and follows a rather rigid formula in Georgia. Spousal support is another matter entirely. The court has wide discretion, within certain statutory limits, to determine spousal support issues, and our lawyers can advise you regarding how the facts of your case are likely to influence the court's thinking. The court may, for example, award additional marital property or title to the family home as alimony in a lump sum instead of granting monthly spousal support.

At Vayman & Teitelbaum, P.C., our Alpharetta divorce lawyers combine legal knowledge, litigation strategy and common sense to develop and execute practical solutions for our clients. Contact our office to learn how our approach to client service can benefit you.

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