Divorce Lawyer

Atlanta, Georgia

Marriage is a contract based on love and trust, and its dissolution often leads to pain and confusion. No one can completely take away your pain, but we can ease the confusion and protect your rights during this difficult process. Taking care of all the loose ends and legal requirements for your divorce should be the last thing you have to worry about during this trying time. You have to look after the physical and mental health of yourself and your children. The Atlanta divorce attorney at Robbins & Associates, P.C. will be here to provide you with aggressive representation to make sure that the best interests of you and your children are protected.

Types of Divorce

If you are considering a divorce, there are two types allowed by the State of Georgia, and several other possible ends of marriage. Georgia recognizes:

No-fault divorce--if a marriage is irretrievably broken
Fault divorce, based on one of 12 grounds for divorce, including adultery, desertion, physical or mental abuse, and others
Annulment of marriage
Decree of separate maintenance

Annulments and decrees of separate maintenance are not divorces per se. Annulment erases the marriage in a legal sense so that it is as though it had never been. A decree of separate maintenance allows couples to live economically and physically separate lives while remaining legally married. In some cases, alimony may be granted to one or another partner following a decree of separation.

Filing for Divorce

If you are considering a divorce, it is best to consult with a lawyer first to ensure that your action is taken in a way that protects your rights and the rights of any children in the marriage. To file for divorce, you must enter a complaint in the superior court of your spouse's county of residence, or if your spouse has moved from Georgia recently, in your county of residence. If you receive a complaint from your spouse, you should consult a lawyer about how to proceed.

Even if you and your spouse agree on all matters related to child custody, parenting time, child support, alimony, and division of marital property and debts, these must all be reviewed by the court before they become approved. The court may make changes, especially if it considers the parenting plan (required since 2008 for all divorcing couples with children) is not in the best interest of the children.

In cases of an uncontested divorce, it may become final as little as 31 days after the defendant (the spouse other than the one filing for divorce) has been served notice. In cases where there is dispute, it may be several months before a final hearing is held. If you feel the need to protect your rights, your property, and those of your children, a temporary hearing may be granted to make decisions about child custody and other important issues until the final hearing occurs.

The Atlanta family lawyer at Robbins & Associates, P.C. can ensure that your divorce is properly filed to protect your rights and express your interests.

Custody of Children

If you are divorcing with children, the issues related to your divorce become much more complicated. The court maintains the welfare of your children as one of its main concerns and will devote much of its energy to determining the best plan for their care and well-being. The court may grant joint or sole custody, which may refer to both legal and physical custody. Legal custody refers to decision-making power over the child, while physical custody refers to whether a parent will actually spend time with the child. A court may award joint physical custody, joint legal custody, both, or sole physical and legal custody.

As a result, the court will consider your parenting plan in great detail. A parenting plan must include a division of the child's time between both parents, stating which parent the child will be with on every day of the year. The plan should be flexible and built with the child's growth in mind.

Taking Divorce to Court

In a strongly-contested divorce, the court proceedings become crucial, and you need a lawyer who can help you construct a case that protects your character and preserves your interests and those of your children. We can help you assemble evidence, including witnesses to protect you against attempts to portray you negatively so that you and your children get what you deserve out of the final trial.

Robbins & Associates, P.C. has been helping people in Atlanta, Georgia with legal issues since 1978, and we may be able to help you. Please contact our Atlanta divorce attorney today to schedule your initial consultation.

6000 Lake Forrest Drive Suite 315, Atlanta, Georgia 30328

404-252-8117 | 800-772-5555 | Contact Us

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