Showing posts with label alimony. Show all posts
Showing posts with label alimony. Show all posts

Wednesday, June 30, 2010

Representing Yourself in a Divorce

By M. Waddington

Divorce is not only an emotional time, but a financially challenging one as well. Each spouse has to adjust to not having another income to help pay the mortgage, grocery bills and utilities. Even in cases where a wife or husband is awarded alimony or child support in a Georgia divorce, the amount still may not be enough to keep them in the lifestyle they were used to living.

One of the most, if not the most, expensive aspects of divorce are the attorneys fees. For that reason some spouses consider going pro se and represent themselves in court. Many people have filed Georgia pro se divorces. However, any spouse should consider if he or she is prepared to handle the following issues on their own:

• Child custody, child support and visitation. Unfortunately in many cases children get caught up in the divorce battles. Even in the best cases, the spouses fight over custody because both are truly good parents and each wants custody of the children. If you believe you are the better parent, do you know how to prove that to the court? Can you defend yourself is saddled with a large child support payment? Who will be responsible for the child’s health insurance?

• Division of the assets. If you were married for many years you have likely accumulated many assets. Are you and your former spouse in agreement as to how to split up those assets? If there is a house, who gets the house or will it be sold? What about the car? Who is responsible for any outstanding payments on the house or car? Don’t forget about retirement assets and any other type of savings.

• Are there allegations of abuse or infidelity? Can you defend yourself against these allegations?

In reality, even in the friendliest of divorces a Georgia divorce attorney can help sort through the complex legal issues. Until a person is faced with a divorce, he or she may not even know where to go to file the initial paperwork; much less prepare a case if there is a hearing. Simply put, you wouldn’t try performing your own root canal—you would go to a dentist. If you are going through a divorce, you need an attorney who understands the law. Chances are your soon-to-be former spouse has an attorney representing their interests. You could save some money by representing yourself but the long-term financial repercussions could cost you much more.

Michael Waddington is a trial attorney that has been quoted by hundreds of major media sources to include USA Today, Washington Post, New York Times, Newsweek, Fox News, Fox and Friends, CNN, MSNBC, CBS News, ABC News and many others. He is the founder of the legal marketing firm, Legal Niche Pros, LLC. Learn more at http://www.legalnichepros.com/.

Article Source: Representing Yourself in a Divorce

Georgia Divorce Lawyer to Smooth Your Divorce Proceedings

By gadivorcelawyers

Going through the phase of divorce is difficult. Georgia Divorce Attorneys can help you sail through the complexities of a divorce. The emotional baggage that comes with the dissolution of marriage can hamper the practical decisions that you would have to make while going through the divorce process. These decisions could involve deciding for marital property, tax issues and pension outlays.

When one partner earns less income as compared to his/her spouse, there arises a case of monetary limitation. The partner with higher income has to pay Alimony to his/her spouse as means of living off while searching for a job or persuading education. Marital property is another subject of dispute between couples seeking divorces. There are some misconceptions regarding marital property. Some consider that any property purchased after the couples are legally separated will not fall under marital property during the proceedings of divorce. An experienced Georgia divorce lawyer could help solve any such dispute during the divorce.

The Georgia Family Law steps in any marriage dissolution especially the one that involves a battle for Child Custody. A good Georgia divorce lawyer can consider the welfare of both the parent and the child involved. He could suggest you with creative solutions to present your best position in the court. He can take care of your parental interest.

It is obvious that when a couple decides to get married, they hardly anticipate themselves ending up in a divorce. As divorces have become very common these days, it is important to choose a good divorce lawyer who could represent you in the court. Atlanta Divorce Attorney helps you manage your divorce in an expertise manner and as they have specialized in the subject of Atlanta Family Law, they can inform and advise you how the law would influence you and offer the best solution for your grievances.

If there are children involved in the divorce, Child Support will be the top priority for any court allowing a couple to separate. Atlanta Divorce Lawyer can easily help you with paperwork and custody issues. He will certainly look out to direct any benefits towards you. An experienced and objective attorney could assure you that your interests and the interests of your children are served properly.

When hiring a divorce lawyer, always consider the efficiency of the attorney. An attorney will certainly make your divorce process run smoothly and quickly. A good Georgia divorce lawyer will know which courthouse would be proper for filing your divorce case papers with and how to get through the working of the whole system. Being in the field of law, the Georgia Divorce Attorneys are familiar with the Georgia Family Law, the family court judges and the attorneys who would represent your soon-to-be-ex-spouse.

If you are planning to handle your divorce without any divorce attorney, there are chances of your emotions getting in the way and the proceedings could become a battle of emotions between you and your spouse. An objective and rational Atlanta Divorce Attorney could serve to be a wise option while you are on your most difficult emotional journey. Hiring a divorce attorney to help you with your divorce will be perhaps the best decision that you would be making in the long line of decisions that you would have to make once you decide to separate from your spouse.

Ga-divorce-lawyers writes about the best divorce lawyer in Georgia, Georgia Divorce Attorneys, Atlanta Divorce Attorney, Atlanta Divorce Lawyer Atlanta Family Law, Georgia Family Law, Child Custody.

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Thursday, June 24, 2010

Going Through a Divorce in Georgia? Find Out If You Can Qualify For Alimony Payments by Your Spouse

By Jonathan Silver
Posted: July 10, 2008

Alimony is awarded when a judge determines that one spouse owes another spouse money for a set amount of time. Alimony is different from child support. Alimony is paid from one spouse to another to maintain that spouse's standard of living; child support is paid by the non-custodial parent to the custodial parent for the benefit of their children, not the benefit of the spouse.

No one is entitled to alimony by marriage alone, and interestingly, courts may grant alimony to either the form husband or wife. The alimony payments are made via the the income or the estate of the spouse that is ordered to pay it. Also, a judge will determine how the alimony is paid; under Georgia law, alimony may be paid in multiple payments, or via a lump sum. Oftentimes, the alimony is paid until the death of the recipient, a remarriage of the recipient, or for a set amount of time as determined by the court. Alimony is also oftentimes awarded on a temporary basis during the pending of a divorce action.

There are no set rules when it comes to deciding whether or not a judge will grant alimony to a spouse after a divorce. There are, however, a number of factors the court may consider before deciding that alimony is owed by a party.

To begin with, in Georgia alimony is determined based upon the needs of one party, as well as the ability to pay by the other party involved in the divorce. Thus the income and financial state of each party will be carefully examined. The future earnings of all parties involved are also examined.

Second, many times there are non-economic contributions made during a marriage by a spouse. This includes home making and child care, to name a few. These contributions will often be taken into consideration by a judge.

Third, in a Georgia divorce proceeding the standard of living that a couple maintained during their marriage is a factor that the court looks at when deciding on alimony payments.

Fourth are factors that a court will take into consideration when determining the length of time alimony will be paid. The duration of the marriage is an important factor. If one spouse will be able to better themselves and therefore raise their earning capacity through job training, proper schooling is examined. Many courts will also examine any money that has been saved for retirement when deciding on the length of alimony.

Fifth, if adultery or desertion was the reason for the divorce, a person who might otherwise be able to receive alimony might be denied it. Oftentimes, however, alimony is awarded on a temporary basis without regard to any of these issues.

As you can see, there are a number of guidelines a judge may or may not base an alimony decision on. There are not any definitive rules. Thus if you going through a divorce, it is essential that you have a knowledgeable advocate in your court, and you should always consult a divorce lawyer.

I strongly recommend the divorce attorneys at the law firm of Persily & Associates (http://www.persilylaw.com/divorce), based in Atlanta, Georgia, who have handled countless alimony and divorce proceedings for clients throughout the state.

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