Despite the various viewpoints on marriage, it is still the way most people choose to emotionally and legally solidify a romantic relationship. Judging from the sheer volume of marriage counselors and marriage counseling books available to troubled couples, most people do their best to avoid becoming part of the national divorce rate (50 percent).
However, there are times when everything that can be done to save the marriage has been done, but there are irreconcilable differences:
Your husband or wife was unfaithful, and cheated on you.
Your spouse stopped communicating with you altogether.
Your husband or wife became a habitually-intoxicated alcoholic, prescription drug abuser, or drug addict.
You or your children were physically, emotionally, verbally, or sexually abused by your spouse.
Your spouse misrepresented himself or herself while you were dating—and the person you married is practically someone else.
Your spouse refuses to consummate the relationship.
Your husband or wife has disappeared or deserted you.
Your husband or wife was convicted of a crime and sentenced to prison.
Your husband or wife became mentally ill.
In the State of Georgia, marriages are dissolved in two ways: divorces or annulments. Either way, dissolutions of marriage must be done through legal channels— by filing a complaint with the appropriate court.
If you receive a divorce complaint or are served with papers, you should call an experienced Georgia divorce attorney immediately. In Forsyth County, you can contest the reason your spouse specifies (the "grounds") for the divorce. You also have a chance to counter your spouse's claim to child custody, child support requests, spousal support, or disagreeable stipulations for division of marital property.
If both parties agree to the divorce, it is considered uncontested in Forsyth County and is usually granted in 31 days. If you disagree with your spouse over things like alimony, child support, or child custody, the case must go to court instead.
In Family Law, an annulment is a decree that voids a marriage altogether, as if it never existed. Annulments are not granted in marriages that have produced children.
Georgia divorce courts do not automatically favor one parent over another when it comes to child custody, but rather look to make decisions in the best interest of the child. If the child's parents cannot come to an agreement concerning visitation or time sharing, the judge will consider the child's age, gender, parental compatibility, and the mother's and father's respective financial and living situations to determine custody. Most non-custodial parents receive visitation rights.
Alimony (or spousal support) is an arrangement in which the higher-earning spouse temporarily supports a lesser-earning spouse while he or she secures a suitable income.
When a couple divorces in Forsyth County, husband and wife are entitled to equitable shares of all possessions they acquired together from wedding day until divorce complaint. A judge or jury will preside over the division of marital property. To protect yourself in the proceeding, please consult an experienced Cumming, GA divorce attorney.
At Miles Patterson Hansford Tallant, LLC, we can get you through your divorce with minimal trauma and expense. You're already struggling in your personal relationships; you shouldn't have a strained relationship with your divorce lawyer on top of that. We've handled even complicated divorce cases for our clients. Take a moment to call us at 770-872-7539 or fill out the simple contact form here.
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