Family law is a general phrase that covers many different areas of the law. It deals with two or more people related by marriage, blood, or adoption. With family law comes complex issues such as child custody and spousal support. Here is a summary of family law and all you need to know to protect yourself and your loved ones.
Divorce Laws
To get a divorce, you and your divorce attorney must show that there has been an irretrievable breakdown of the marriage. The grounds for divorce might encompass adultery or abandonment. However, it is crucial to remember that certain states require a period of separation before allowing for dissolution. A Marietta divorce lawyer can help you with your case details and ensure that you get a fair result.
It is a common belief that children are under the care of their parents, and therefore those individuals do not require any special legal protection or status. However, some laws outline what rights both minors and adults possess for legal proceedings in many states across the country.
In Marietta, Georgia, those rights often include the right to be treated as a separate entity from their parents. In addition, the children must not be forced into any relationship with other adults unless they are legally obligated by blood or marriage.
Property Division
In some states, assets and debts are divided in a 50/50 split between the two parties. In other states, marital property is distributed based on what each party brings into the marriage or considering marital misconduct during the relationship. You should hire a qualified Marietta divorce attorney to ensure your rights are preserved.
The division of property is one of the most complicated aspects of family law. It includes physical items such as cars, homes, bank accounts, and intangible goods like patents or copyrights. Essentially, any possession with monetary value can be considered when determining which party will retain what possessions after divorce proceedings are completed.
Assets may include pensions, 401Ks, stock options, and other financial investments readily convertible to cash. Even if both spouses legally own an item together, it may still be considered separate property depending on its acquisition circumstances. Marietta divorce attorneys work with clients to establish what is theirs and help them receive fair compensation for their marital assets after they are divided.
Child Custody
In most cases, custody will be decided to benefit the child's best interests. It is done by considering the child's relationship with both parents, the parent's ability to care for and support the child financially. History of abuse or neglect plays a role in child custody. A Marietta divorce attorney can help you ensure that your rights are protected while also considering your child's well-being.
Child support is determined by taking both parents' incomes and determining what percentage it will take to meet the minimum standard set in your state. Once this number has been established, there are ways that you can adjust or lower child support. Adjustment may be made when one parent has primary custody or if you have more than six children.
Spousal Support
In most states, spousal support is ordered as a temporary order while you wait for your divorce to be finalized. In some cases, such as if one spouse is at fault for the breakdown of the marriage, the judge might award permanent alimony. A certified Marietta divorce attorney can help you determine your eligibility for these types of support.
If spousal support is awarded, it will depend on several factors. Such factors include the financial need of each party and their respective ability to meet those needs.
Visitation Laws
In most cases, custody will be decided to benefit the child's best interests by considering the child's relationship with both parents, the parent's ability to care for and support the child financially, and any history of abuse or neglect. A divorce attorney will work to ensure that your rights are protected while also considering your child's well-being.
LGBTQ Family Law
Remember that not all states recognize same-sex marriage. LGBTQ family law pertains explicitly to same-sex parents going through a divorce or seeking custody of their children. However, some states have laws on relationships between cohabiting couples. In Georgia, a Marietta divorce lawyer can help you establish your rights as a member of the LGBTQ+ community.
Contact Marietta Law Firm
Contact our offices to have a Marietta divorce lawyer advise and represent you in all matters concerning family law. Our divorce attorneys are knowledgeable and experienced in all aspects of family law.
