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What Issues Should You Discuss with Your Divorce Attorney?

On Behalf of | Oct 28, 2015 | Divorce

For many people, divorce is an incredibly overwhelming and complicated experience. Having a divorce attorney in Cumming on your side can help you make sense of the legal proceedings and move forward with your life. Your divorce attorney will discuss a range of issues with you, which may include child custody and property division. Before you meet with your divorce attorney, consider your goals for the outcome of the divorce proceedings. You should also write down any questions you may have about family law.

Your Children
When children are involved, divorce can be particularly complex and possibly contentious. In these cases the

court or your attorney may recommend mediation services. Mediation is especially ideal for working out child custody arrangements because it helps both parents craft schedules that work for them and the children, rather than a judge dictating terms. Your divorce attorney will advise you as to the types of child custody arrangements, such as joint physical and legal custody. When child custody has been determined-through mediation or with a judge’s order-the parent who has primary physical custody of the kids can expect to receive child support. The judge will apply the state guidelines to calculate the amount of child support the noncustodial parent must pay to help meet the children’s material needs.

Your Property
You should discuss the division of marital property with your divorce attorney. Under Georgia family law, marital property must be divided equitably, which may not necessarily be the same as equally. Marital property refers to most, but not all property obtained during the divorce. Even if you worked and earned the money that paid for a new RV, for example, your spouse is legally considered a co-owner if that RV was acquired during the marriage using money earned during the marriage. Georgia law does not have a set formula for determining the division of property.

Your Marriage History
Depending on your particular situation, there are a few other issues you may need to discuss with your divorce attorney. If you are a victim of domestic violence, for example, your attorney can ask the court to issue a temporary order that evicts your spouse from the residence. It’s also advisable to inform your attorney if you or the other spouse has a history of substance abuse or adultery as that can impact your case significantly.


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