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Filing for divorce is not only a complicated legal process, but it can also be an emotional and stressful experience for both parties. Miles Hansford & Tallant, LLC, in Cumming, Georgia, can help you file for divorce while working to achieve favorable outcomes in your divorce agreement to minimize your stress and reduce the timeline of the divorce process — including both contested divorces, which might lead to a trial, and uncontested divorces, which can be finalized primarily by filing paperwork with the court.

What Happens During A Divorce?

A divorce may be initiated by one or both partners, depending on the circumstances. The first step in divorce is petitioning the court with a complaint, including the reasons for the divorce and a proposed strategy for property division as well as determining child custody. The divorce petition may be written and filed by a lawyer, who will then be the primary contact for the court.

After a divorce is filed, the other partner will answer the petition within a given period of time. If there is not an immediate agreement of divorce terms, mediation may take place to avoid a trial. When couples are unable to settle on the terms of the divorce in mediation, a trial will be set so that a judge can make determinations on spousal support, visitation, child custody and property division.

Why Should I Hire An Attorney?

Because there are so many factors involved in a divorce, you may wish to consider working with a lawyer to serve as an unbiased resource who can protect your best interests. Legal representation might also reduce the timeline of your divorce and eliminate the headache of filing paperwork with the court on your own. Below, you’ll get a look at some of the specific areas where a trusted family law attorney may be most helpful:

Property Division

Georgia is not a community property state, which means that one partner does not automatically have rights to the assets and property acquired by the other partner during the marriage. Therefore, property division is based on the financial status of each partner, the future needs of both spouses and any evidence of misconduct during the marriage. An experienced Cumming property division attorney can investigate the details of your marriage to be sure that property distribution does not leave you without sufficient assets.

Spousal Support

Also known as alimony, spousal support is often a point of contention in divorce agreements, so you may need a lawyer to preserve your interests and make a case for your financial needs.

Child Custody

Having a lawyer work with you to file for a divorce can ensure that the right arrangements are made for your children in terms of custody and visitation. It can be easy to let personal disagreements influence custody agreements, and this may result in arrangements that are not ideal for your children.