If you are new to the divorce process, it is common to feel overwhelmed with the number of new concepts and ideas that you must process. To make sure that your divorce reaches the best possible outcome, however, it is critical to understand what each of these processes involves. The following will review some of the important concepts that you should understand about the divorce process.
Community or marital property in Georgia refers to any items or property that a couple receives during a marriage. Some exceptions, including gifts to only one spouse,do not count as marital property. Courts will review both the assets that a couple owns as well as the couple’s debts when making decisions about how to divide property.
A person in Georgia who files for divorce is said to “petition” a divorce. In these situations, rather than use the words “plaintiff” and “defendant”, Georgia family law courts use the terms “petitioner” and “respondent”. It does not matter if you are the petitioner or respondent, a divorce will proceed in the same manner.
When Georgia family law courts decide how property should be divided, they focus on dividing property in a manner that is fair among spouses. As part of the property division process, courts analyze the various possible solutions and arrive at the decision that seems the most fair.
This often means that property will not be divided equally among spouses. Instead, property will be divided based on fairness.
Some of the factors that courts will consider when dividing marital property include the nature and amount of non-marital property, the nature and amount of marital property, the length of the marriage, and each spouse’s income and earning capacity.
Also referred to as alimony, spousal support refers to court-ordered payments that one spouse makes to the other spouse following a divorce. Spousal support is not ordered in every case, but is instead decided on an individual basis that is influenced by a number of factors such as each spouse’s earning capacity, the length of the marriage, and the standard of living to which the spouses were accustomed during the marriage.
If a divorcing couple has children together, they will likely need to arrange things like child support, custody related issues, and a parenting plan.
Based on the factors involved in a divorce, parenting plans can range from complex to simple. These plans play a vital role because they describe the ways in which responsibilities are shared between the parents.
Most parenting plans include details about where children reside, how often children will stay with the other parent, and how future decisions will be made for the child.
Speak with an Experienced Divorce Lawyer
Understanding the various concepts involved in a divorce greatly increases the ease with which you will be able to navigate this process. The assistance of an experienced divorce attorney can also help navigate a divorce. Contact an experienced attorney at Vayman & Teitelbaum P.C. today to schedule a free initial consultation.