A Gwinnett County Divorce Lawyer Offering Compassion And Support Through A Difficult Time
A divorce, or dissolution of marriage, is the legal ending of a marriage. Over the last several years, the divorce rate has increased dramatically, and it is estimated that approximately half of all marriages will end in divorce. Divorce can be a simple process in Georgia when it is mutual, but it can get very complex when it is contentious.
Fox Firm, P.C., is a boutique law firm in Lawrenceville that serves the greater Atlanta metropolitan community. Its founder, attorney Douglas Fox, has been practicing law since 1995. He is a Gwinnett County divorce lawyer who can help you move forward with your life. With him as your advocate, you can expect to receive compassionate support and exceptional representation during what can be a very difficult time.
The Complexity Of Divorce In Lawrenceville And Gwinnett County
Each divorce can range in complexity based on the facts and circumstances of the situation. There are many different reasons that couples decide to divorce, including different beliefs, domestic violence and abuse, substance abuse, money issues, and infidelity, just to name a few. The underlying issues can contribute to the complexity of your divorce. No matter what the reason is, when a married couple decides to separate, there is a lot to sort out, including:
- The division of marital property, assets and wealth
- The division and allocation of marital debts
- Spousal support and alimony
- Child custody arrangements, visitation schedules, parenting time and parenting plans
- Child and financial support for minor children and the allocation of costs for older children
No matter how contentious your divorce is, it is important to consult an experienced lawyer to ensure that your rights and interests are protected. Mr. Fox has nearly 30 years of litigation experience. As a Gwinnett County divorce attorney, his knowledge of Georgia family and divorce laws is a valuable resource for his Atlanta clients.
What Are The Grounds For Getting Divorced In Georgia? Does There Have To Be A Reason?
Under the Georgia Code Section 19-5-3, you can file for divorce based on several grounds. Georgia is considered a “no-fault” divorce state, so the most common reason is to state that the marriage is “irretrievably broken.” This simply means that you and your spouse can no longer get along, and there’s no hope of reconciling. As for fault-based grounds, some of them include:
- Adultery
- Desertion
- Mental or physical cruelty
- Substance abuse
There are also specific grounds such as mental incapacity at the time of the marriage or even impotency. It’s important to understand that when someone cites grounds for divorce, it can have an impact on various aspects of the process such as the division of property and alimony. An experienced divorce attorney can help you determine the most appropriate grounds for your situation.
Before you file for a divorce, you must understand the state’s residency requirements. Under Georgia Code Section 19-5-2, either spouse must be a resident of Georgia for at least six months prior to filing.
The rule is different for spouses living on a U.S. military base. You must reside there for one year before filing for divorce in any Georgia county that is adjacent to that base. If you do not live in Georgia, you can still file for divorce in state court. However, you must ensure that your spouse is a resident of Georgia for at least six months and submit the paperwork in the county where they live.
Will You Have To Go To Court For Your Divorce?
While every divorce will be filed with the court, whether you will have to go to court or trial depends on several factors. If you and your spouse can agree on all of the specific terms of your divorce, like child custody, property division and/or spousal maintenance, you might be able to finalize your divorce without a court appearance. This is known as an uncontested divorce. Often, couples going through a divorce will attempt mediation, which can help facilitate a settlement on contested issues. Couples who agree to work together in an uncontested divorce will likely move through the process faster.
However, if you cannot reach an agreement, then your divorce is considered a contested divorce. You will likely need to go to court to resolve these issues. A judge will then make decisions based on the evidence presented. Having a lawyer can help you navigate this process and represent your interests. Even if you initially plan for an uncontested divorce, unexpected issues can arise that may require court intervention.
Divorce Trials: What To Expect
At a divorce trial, both you and your marriage partner have the right to call witnesses. These witnesses can include friends, family, forensic accountants, child specialists and others. When the judge renders an opinion, this will be written into a binding court order that must be adhered to by both parties. Divorce trials can become extremely complicated when the two parties disagree about the children. The court is concerned with the best interests of the children, and neither parent is considered to be automatically entitled to having primary physical custody. It is believed in most cases that both parents having extensive and shared access is the best solution for the children. There are cases in which this is not true such as when there has been violent behavior, drug or alcohol addiction, abuse, or other situations that make one parent a danger to the child or children.
The court will require that any accusation of abuse be supported by testimony or other evidence. A mere accusation is not likely to sway the court, as there are many cases in which accusations of abuse are exaggerated or false. There are also cases in which the accusation of abuse is completely true. Ensuring that your children are protected is of the highest concern, and this should be discussed with the attorney at Fox Firm, P.C., as a primary goal in the divorce trial. Also, a parenting plan must be approved by the court. This determines schedules for visitation, including holidays; the children’s transportation; where the parents will exchange the children; and details regarding supervision in cases where the court deems it necessary for the safety of the children.
When Should You Contact A Lawrenceville Divorce Attorney?
You should contact a divorce attorney as soon as you start thinking about a divorce. Early consultation can provide valuable insights into what to expect and help you prepare emotionally and financially.
An attorney can explain your rights, guide you through the legal process and help you make informed decisions. If there are children and/or significant assets involved, then obtaining legal advice early on is even more crucial. Additionally, an attorney can help you gather necessary documentation and evidence, which can be time-consuming. By consulting a lawyer early, you can avoid common pitfalls and ensure that you’re taking the right steps from the beginning.
Why Choose Fox Firm, P.C.?
Are you facing litigation in your divorce? There is nothing more important than ensuring you are protected both in and out of court by a high-quality, aggressive lawyer. The attorney at Fox Firm, P.C., has garnered a reputation as one of Gwinnett County’s top litigators at trial.
Mr. Fox gives each case his full focus, and with him, you can be confident that your objectives are of the utmost concern. While methods like mediation can smooth the path for other divorces, developing a strategy to present a case is an important factor in any contested divorce that will go through litigation. A great number of decisions about your life will take place based on the skill with which your attorney presents your side of the story.
The firm’s attorney is recognized as being highly professional in divorce litigation. It is critically important that your attorney knows how to craft a case that has a better chance of success, whether the issues include child custody, asset division or other matters that cannot be resolved through mediation or negotiation with the opposing attorney.
Consult A Gwinnett County Divorce Attorney
No matter where you are in the divorce process, a consultation with a divorce attorney can help guide you and give you some direction about the next steps.
To schedule a confidential, no-obligation consultation, call the firm’s Lawrenceville office at 770-341-4882 or send an inquiry through the firm’s website.