Many individuals discover after a period of time that their marriage is no longer a healthy relationship, and that the two individuals involved should separate from one another. Just as two couples are joined together legally in marriage, they must also go through the legal process of divorce when they decide to separate. A number of family legal matters can arise surrounding a divorce, and while only an estimated 5% of divorces end in litigation; hiring an attorney is recommended nonetheless to help deal with all the legal paperwork a divorce entails. Residents of any given state should hire a local attorney familiar with local laws to help them complete their family legal matters.
Individuals living in Georgia’s largest city should consider hiring an Atlanta family law attorney when they are in need of legal guidance. Family law attorneys are most often hired for use in divorce cases, but there are several other reasons for hiring an Atlanta family law attorney. Other legal issues include:
• Annulment of marriage
• Voiding of marriage
• Child custody and support
• Division of assets, property, and debts
• Alimony and spousal support
Each state in the United States has its own laws set forth governing family law in order to protect their jurisdiction and to respect the jurisdiction of other states. In the state of Georgia, an Atlanta family law attorney is going to have an intimate knowledge of the laws that are specific to the state. For instance, Georgia’s residency requirements for filing for divorce can differ from other states. Their residency rules include:
• Individual filing for divorce must have lived in the state for six months prior to filing
• If the petitioner is not a resident, the respondent must have lived in the state for at least six months
• Military personnel living on army posts or other military installations must have lived on base for at least one year
There are other unique laws that an Atlanta family law attorney would know that could help their client successfully file for divorce. In Georgia an individual who is not a resident can begin taking the proper steps toward residency, allowing them to file for divorce upon starting the process. This essentially allows a loophole around having residency already established.
An Atlanta family law attorney would also be able to advise a client on the numerous grounds for divorce in the state of Georgia. While other states have one or two grounds for divorce, Georgia has thirteen different grounds for divorce that are split into two categories. These categories and grounds include:
- No-fault: marriage is considered irretrievably broken
- At-fault
- Intermarriage by persons within the prohibited degrees of consanguinity
- Mental incapacity
- Impotency
- Duress, or fraud
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband
- Adultery
- Willful and continued desertion for one year
- Imprisonment for a term of two years or longer
- Habitual intoxication
- Cruel treatment
- Incurable mental illness
- Habitual drug addiction
Other unique laws that an Atlanta family law attorney would be familiar with include the fact that Georgia is an equitable distribution state when it comes to division of property. This means the courts will consider what is fair, not equal, when dividing assets and properties during a divorce. When children are involved, the state follows many of the same guidelines that other states do, including the use of a Percentage of Income calculator for determining child support for the custodial parent.
Individuals in need of an Atlanta family law attorney should visit Familylawattorney.com for help finding a reputable and affordable lawyer in their area.