Family Law
This area of Law holds a special place inside of our office.Whether it be a joyous adoption or a rough divorce our family is here for yours. Family Law encompasses many things such as: child custody, divorce, adoption, and child support. We have handled these issues for 30 plus years and through knowledge and experience we work to achieve the best result for our client.
Frequently asked questions
Q. I am getting divorced. Do I need an attorney?
A. It ordinarily is a good idea to consult with a lawyer about major life events or changes, such as a divorce. Your Lawyer protects your rights. He keeps current with the laws concerning marriage, divorce, marital property, child custody and visitation, and family support.
Q. What are the legal grounds for obtaining a divorce?
A.The grounds for divorce depend on the state, and may be based on no-fault or fault ground. A no-fault divorce is one in which neither the husband nor the wife officially blames the other for the breakdown of the marriage. In Georgia you must show the marriage is irretrievably broken and there is no possibility of a reconciliation. The list of grounds for a fault-based divorce may include: adultery, physical cruelty, mental cruelty, and desertion.
Q. Who determines how assets are divided in a divorce?
A. First it must be determined what is marital property. Property you had at the marriage, inherited, or recieved by gift is generally not subject to division as marital property. Generally, spouses are free to divide their property as they see fit in what is called a "marital settlement agreement," which is a contract between the husband and the wife that divides property and debts and resolves other issues of the divorce. Although many divorces begin with a high level of acrimony, a substantial majority are settled without the need for a judge to decide property or other issues. However, if the division of property cannot be settled, then the court must make the determination. In Georgia, the Court makes an equitable (fair) division of the marital assets.
Q. How do courts determine who gets custody of children in a divorce?
A. If the parents cannot agree on custody of their child, the courts decide custody based on "the best interests of the child." Determining the child’s best interests involves many considerations which must be considered in total.
Q.What is joint custody?
A. Joint custody has two parts: joint legal custody and joint physical custody. A joint custody order can have one or both parts.
Joint legal custody refers to both parents sharing the major decisions affecting the child, which can include school, health care, religious training and extracurricular activities.
Physical custody refers to the time spent with each parent. The amount of time is flexible, and can range from a moderate period of time for one parent, such as every other weekend, to a child dividing the time equally between the two parents’ homes. In situations where the time spent with both parents will be divided equally, it helps if the parents live close to one another.
Q.Do grandparents have visitation rights to their grandchildren?
A. A grandparent has a right to seek visitation with their grandchildren under certain circumstances. Every case is different. We can help you evaluate this tough question.
Our Attorney Can Help
If our FAQ didn’t answer your Family Law questions, please contact us today by calling 706-324-5606 or emailing us at info@dodgenlaw.com. We have years of experience representing families in their time of need, and would like to work with your family as well.
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