While it is true that you can represent yourself in divorce proceedings, there are very strong reasons why this is not advisable.
Even if your divorce is an amicable one, with both parties agreeing to all the terms, each case is different, and unless you know the law, things can go wrong! A good divorce attorney or mediation attorneys will ensure that all legal requirements are met.
This is even more important when there are property, support, or custody issues; and you are likely to be at a distinct disadvantage if you don’t have a lawyer representing you.
Also, if a spouse is abusive, and family violence is an issue, you’ll find it much easier to work with a divorce attorney. Apart from anything else, the court has the power to order the abusive partner to stay away from his or her spouse. A divorce attorney will know how to achieve this order.
Important Issues an Alpharetta Collaborative Divorce Attorney Can Help With
Mediation attorneys can help couples reach an agreement out of court. They then file and the court mandates the agreement.
Where there is no form of collaboration, one party might serve court papers on the other. In this situation, it is essential to act right away. If you don’t, there is a possibility that you will lose your legal rights. Only a divorce attorney will be able to advise you.
In some instances, a couple will have split because the marriage is “irretrievably broken.” Provided they are living apart, they can file for a “no-fault divorce.” In this case, there isn’t a need to list wrongdoing by the other party. Instead, the couple swears that there is no possibility of them getting together again.
An Alpharetta Collaborative divorce attorney can also help you get a legal separation if you don’t want to get a divorce right now. Your attorney will be able to file a separate maintenance order that will cover alimony as well as custody and child support if required.
One of the many questions those facing divorce actions ask is how common law marriages are handled in Georgia. Firstly, common law marriages were only recognized in Georgia up to the end of 1996. Secondly, if you were in a partnership you considered to be a marriage prior to that time, and you want to end it, you won’t be able to marry someone else unless you get a divorce.
The Divorce Attorney’s Role Where Children Are Involved
Issues that involve children when parents get divorced include custody and visitation rights, as well as child support.
If divorcing couples cannot agree in advance on issues involving their children, the court has the power to decide who gets custody based on the child or children’s best interests. Most commonly, whoever doesn’t get custody will be awarded visitation rights. The court may award joint custody, in which case both parties will have the right to make decisions that affect the children. Both parents must agree on decisions made.
Generally, the parent that gets custody is awarded child support, even if the parents weren’t married when the child was born. Child Support Services can help in this regard. The amount will depend on the income of both parents as well as all other factors that relate to the child or children.
The other area relating to children where your Alpharetta collaborative divorce attorney can help is to ensure you continue to receive health insurance after the divorce is final. Your lawyer will advise whether you can demand your spouse pays the continued premiums. Don’t wait for the insurance cover to be canceled or cut off because you might not be able to reinstate the policy.
If you live in Georgia and need a friendly Alpharetta Collaborative divorce attorney to help you in the divorce process, contact Waggoner Hastings today. We are a leading family and collaborative law firm and we will undertake to be by your side from start to finish.