FAQ

Whenever possible, the court encourages the parents to come to an agreement on child custody, but when the judge is required to intervene in the matter the factors which will be considered include each parent's emotional ties with the child, each parent's ability to provide for the child's needs and to provide a safe home environment and how to maintain stability in the child's life-all with the goal of safeguarding the child's best interests.

Most of the negative concepts that people have about divorce are really about contested divorce. When divorcing spouses are unable to come to agreements on the issues involved in dissolving the marriage, such as custody, visitation and property division before going to court, the judge will be called upon to rule on each matter. In this scenario, the parties-or their attorneys-will argue before the judge with the goal of securing a favorable divorce settlement. Uncontested divorce, on the other hand, occurs when the spouses manage to settle their issues outside of court.

The attorneys at Henrickson & Sereebutra understand how important it may be for you to avoid a contested divorce, both to save time and money and to spare you, your spouse and your children the considerable stress associated with courtroom battles. Even if you and your spouse do not currently agree on the issues involved in your divorce, an attorney from the firm may be able to help you settle these matters through mediation, in which the attorney acts as a neutral third party and does not represent either spouse but acts to facilitate discussions and advises on legal questions. Collaborative divorce is another option, whereby your attorney and your spouse's attorney sign an agreement to abstain from adversarial litigation, and work to achieve an uncontested divorce through all available means.

In Georgia, property division is determined on the idea of equitable distribution, which says that each spouse will get whatever is fair and not necessarily what is an equal division of goods. Depending on the financial situation of each person, they will be awarded different assets and possibly monetary help in the form of alimony, especially if one of the spouses earns significantly less and will be in hardship due to the divorce. There is both separate property and marital property to be considered when dividing assets during separation. Anything that was owned by one of the spouses prior to the marriage such a car, certain possessions or investments they are often allowed to keep and not split up. Anything obtained throughout the marriage relationship may qualify as marital property and must be distributed between the two parties as appropriated by a judge. There are certain exceptions during the process and it is wise that you have an educated lawyer walk you through the legal procedure, so that your money and property is well-protected.

While it is not necessary to hire a legal representative in a divorce or family law case, it is highly advisable that you do just that. There is a higher likelihood that you could hurt your situation if you attempt to handle everything on your own. The laws surrounding family issues and separation can be complicated and messy. It is already stressful and complex enough dealing with your soon to be ex-spouse and family members to have to add on additional responsibility. Having an experienced attorney with you during court dates and throughout the entire process can greatly increase your chances of obtaining the results you desire.