Guiding Families Through The Dissolution Of Marriage
During a divorce, you will be making important decisions that will affect you and your family for years to come. At the Coleman, Chambers & Rogers, LLP, law firm in Gainesville, Georgia, we are always aware of the importance of the documents and the decisions in each client’s divorce.
We Know Divorce And Family Law
In Georgia, there are 13 statutory grounds for a divorce, including:
- Intermarriage by persons within prohibitive degrees
- Mental incapacity at the time of the marriage
- Impotency at the time of the marriage
- Force, duress and fraud in obtaining the marriage
- Pregnancy of wife by a man other than husband at the time of marriage unknown to husband
- Adultery by either of the parties after marriage
- Willful and continued desertion by a party for a period of one year
- Conviction of either party for an offense involving moral turpitude under which he or she is sentenced to imprisonment for a period of two years or longer
- Habitual intoxication
- Cruel treatment that shall consist of willful infliction of pain bodily or mental, upon the complaining party, such as reasonably justifies appreciation of danger to life, limb or health
- Incurable mental illness
- The marriage is irretrievably broken
In Georgia, the judge or jury can grant a divorce based upon “fault” grounds consisting of one through 12 above. In addition, the court can grant a divorce on “no-fault” grounds based upon the fact that the marriage is irretrievably broken. While there are approximately 13 grounds for divorce in Georgia, there are numerous defenses to a divorce action in Georgia, and you should consult a family law practitioner to understand your rights. To discuss your divorce options with an experienced Georgia attorney, please schedule a confidential consultation by calling 678-601-2495.
The Superior Courts of the state have exclusive jurisdiction over the granting of divorce, alimony and child support. Before the Superior Court can grant a divorce, it must determine that jurisdiction and venue are proper. Generally, jurisdiction is acquired over the defendant by determining the location of his or her residence, whether they can be found within the state or whether there is existence of property within the state. Generally, venue is determined by the residence (or domicile) of the defendant.
Why Hire A Divorce Lawyer?
Having the assistance of a skilled lawyer during your divorce gives you the security of having someone on your side who knows what to do. Furthermore, you will have someone you can talk to in confidence about your situation and how best to deal with it. Lawyers provide a variety of specific services for clients going through a divorce. These services include:
- Consulting with you
- Educating you about the law and facts
- Devising and carrying out case strategy
- Investigating the law and the facts
- Preparing and reviewing documents
- Negotiating a settlement
- Preparing and filing all necessary court papers
- Preparing you to testify
- Preparing other witnesses to testify
- Hiring experts and appraisers
- Conducting discovery
- Responding to discovery initiated by your spouse
- Preparing for court appearances, including trial
- Conducting trials and hearings
- Advising you about what to expect
- Advising you on conduct and alternatives
- Taking the heat for tough decisions
At Coleman, Chambers & Rogers, LLP, our divorce lawyers can guide you through the following matters:
- Property division: Division of marital property can be especially contentious. There can be disagreements as to what is marital and nonmarital property. Occasionally, there is an issue when one of the spouses attempts to hide assets or if a prenuptial agreement is signed. Our law firm will work with you and with forensic accountants, when necessary, to assure all marital property is accounted for.
- Child custody: When children are involved in a divorce, special care needs to be taken to assure their best interests are met.
- Child custody evaluations: A psychologist will evaluate both parents as well as the children, and make specific custody and visitation recommendations to the court.
- Child support: Georgia’s child support calculator serves as the basis for determining monthly payments. The court considers various factors such as number of children, cost of health care and parents’ income that may cause deviation from the original calculated amount.
- Spousal maintenance (alimony): In a long-term marriage with disparate incomes, the court may award alimony (temporary or permanent) to one spouse.
- Business assets: When one or both spouses own a business, special care needs to be taken to fairly divide the proceeds of the business without destroying the enterprise. With our business law experience, we can help you obtain a business valuation and determine a plan that fits your circumstances.
- Retirement benefits: Especially in a long-term marriage, retirement funds, pensions and IRAs may need to be divided. A QDRO (qualified domestic relations order) is a court order that can be used to divide certain retirement assets.
- Post-judgment modifications: Years after a divorce, changes in circumstances may require a change in the court’s orders. We can help.
If you are getting a divorce, you may be required to attend a divorce seminar. This class teaches couples how to communicate effectively after their divorce is final. It is beneficial especially to couples with children so they can work to provide a healthy family environment.
Personal Service, Big Capabilities
At the Coleman, Chambers & Rogers, LLP, we offer every divorce client personal attention, responsive service and experienced legal counsel. Our attorneys and our support staff are ready to help.