For many, the divorce process is a trying and emotional experience. Many individuals are uncertain how to proceed in the present, and are worried about how the divorce will affect their children and finances in the future.
At Koehler and Riddick, LLC, we stand ready to assist you in both short term and long term planning. Our experienced legal team will take charge of your proceedings, ensuring your rights and assets are preserved to the fullest extent under the law. We will also provide guidance regarding how the proceedings will affect your children, real property, retirement accounts, and other assets.
The following information addresses some common issues of divorce. Since every case is different, it is important to remember that there are frequent exceptions to the rule. For a more in-depth discussion, contact the Metro Atlanta divorce attorneys at Koehler and Riddick, LLC.
Alimony is often one of the first issues addressed during a pending divorce. A court may grant temporary alimony for the purpose of maintaining a spouse’s standard of living and allowing that spouse to litigate a case on a “level playing field.” At the conclusion of the divorce proceedings, temporary alimony terminates.
Permanent alimony is very different from temporary alimony. Permanent alimony is support paid at the conclusion of a divorce, via a lump sum or periodic installments, for the maintenance of the other spouse. Alimony is based on several factors, including the needs of the spouse seeking alimony; the ability of the obligated spouse to pay alimony; the lifestyle the parties maintained during the marriage; and the relative education, age, health, and work experience of the parties. There are no guidelines regarding the amount or duration of alimony. Instead, a judge looks at the several factors mentioned above in determining the duration and amount of alimony to be paid. A judge is not permitted to award alimony for punitive purposes.
In Georgia, the courts use certain statutory guidelines to calculate child support obligations. Georgia’s current child support guidelines went into effect on January 1,2007 and are based on the “income shares” approach. This means that both parents’ incomes are taken into account and separate child support obligations are determined for each parent, taking into account such factors as the cost of health insurance for the child, work-related child care, extraordinary educational and health care expenses, and extracurricular activities.
Custody can be a major issue in a divorce case. In Georgia, custody decisions are based on what is in the best interests of the child. To determine what is in the best interest of the child, the court will look at numerous factors, including, but not limited to, which parent is the primary caretaker of the child, which parent is more closely bonded to the child, which parent can provide the most stable living environment to the child, etc.
There are two forms of custody in Georgia – legal custody and physical custody. Legal custody concerns a parent’s right to access certain records and make decisions regarding the child’s health, education, religious training, and general welfare. Physical custody concerns a parent’s right to have a child with him/her.
Georgia is an equitable division state.. This means that, in the absence of an agreement between the parties, the judge or jury will divide the parties’ assets and debts in whatever manner they believe is fair given the particular circumstances of the case.
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Koehler and Riddick, LLC has extensive experience in the area of divorce. Our professional and client-focused approach to problem solving sets us apart from the competition and sets you on course for a better future. Contact us now for a free case evaluation by phone or to set up a live consultation with one of our attorneys.
We serve Barrow County, Cobb County, Dekalb County, Forsyth County, Fulton County, Gwinnett County, and Hall County.