Dealing With Life’s Changes
Family law touches us all, and some events are harder than others. A divorce, for example, is a common experience, but that doesn’t make it simple. The facts are usually complicated. And resolution can change peoples’ lives in significant ways.
In Georgia, each partner can testify about each other, whether the divorce is based on fault or not. This is important, as it can affect who gets what property. The couple must complete a waiting period to ensure the marriage really cannot be saved, and to allow the parties to settle matters of custody, support, and the division of property. If an agreement is impossible, the case must be heard in court to get the divorce decree.
The right to financial support after divorce is a major issue for any divorced person. It’s important to have zealous representation to avoid unfairness. Child custody and support are vital issues too. The courts in Georgia use a formula to calculate child support. Here again, zealous advocacy can make a difference. This is because the amounts can vary, depending on the facts introduced into the court. The division of a couple’s debts and property also depends on the assertions the court receives. You’ll need to have a financial needs affidavit written out for the court.
Most divorces are reached by an agreement between the parties. Very few Georgia divorce cases go to court. But if needed, Georgia law provides for a trial by jury in such cases. And a court can change an agreement if it’s not fair—especially if the welfare of a child is at stake.
Ex-spouses’ circumstances change, too, and over the years an agreement should be reviewed to ensure it remains fair and appropriate. Seek legal expertise for such times. Always seek an experienced lawyer if asked to modify your benefits or waive your rights.