Family Law Attorney in Georgia
Going through a divorce can be one of the most painful experiences of your life. The emotional, physical and financial stress can make other parts of your life suffer significantly. Fortunately, the attorneys at Weaver Law Firm in Gainesville and Cumming can help you put everything in perspective. Get a free case review by calling our family law attorneys in Georgia.
A marriage is a contract between two people. Breaking that contract involves a lot of negotiation, paperwork, and, in the worst circumstances, serious litigation. Our attorneys will sit down with you during a free consultation to discuss your situation, your goals, and your desired outcome. We understand the difficulties you face and the hard decisions you must make as you move forward with your own life. We will guide you through this frustrating time as we focus on your best interests and on obtaining the best possible outcome in your case.
Our attorneys can assist you with these and other divorce-related issues:
- Contested divorce
- Uncontested divorce
- Child support
- Child custody and visitation
- Property division
- Spousal support
- Modifications of court orders
What do I Need to Know About Divorce in Georgia?
Honest Advice and Counsel On Your Divorce
Georgia is an equitable property division state, which means that the property will be divided “fairly” between the parties, not necessarily evenly. Each person is entitled to time with his or her children, but all contested custody decisions will be made by a judge using the “best interests of the child” standard.
Our lawyers will review your circumstances and make recommendations on how to proceed. Whenever possible, we recommend that you and your spouse negotiate as much as possible, with or without the assistance of your attorneys, and come to a final agreement you can both live with. This gives both of you more control over your respective futures. If you cannot agree on some or all of the details of your divorce, we are fierce litigators and will bring your case before a family law court judge.
Protecting Your Child and Yourself
Both parents are expected to support their children after a divorce. Georgia state law has a standard for how child support is calculated and how much the noncustodial parent is responsible for.
The attorneys at Weaver Law Firm can help you sort out all of the issues surrounding child support and find a solution you and your ex-spouse or co-parent can live with. We work with you to calculate your income and that of your ex-spouse or co-parent and determine how much child support should be paid and by whom. We help clients in Gainesville and throughout North Georgia.
How is Child Support Calculated?
The Georgia Legislature changed the laws in 2007 so that both parents’ incomes are taken into account when calculating child support. The amount of money required to support a child is based on a standardized formula. Once this amount is determined, it will be split between the parents, based on who the custodial parent is and which has the larger income.
So if the mother of a child makes more than the father, but she is the custodial parent, the father will pay a smaller percentage of the determined amount. Other factors may include how much time the child spends with each parent, as determined by the parenting plan, or additional expenses that may require a deviation from the standard guidelines. Child support laws also include a requirement for a portion of day care costs to be paid by the noncustodial parent.
Whichever side of this equation you are on, we will work with you, your ex-spouse or co-parent, and his or her lawyer to come to an arrangement both of you can agree upon. If you cannot come to an agreement, we will bring your case to court.
We can also help you if you need a modification of court orders to change child support because you or your ex-spouse or co-parent has experienced a significant change in income. If your ex-spouse or co-parent is not paying or not paying in full, we can help you file enforcement of court orders.
Let us help you determine the right amount of child support.
Child Custody & Visitation
Helping You Maintain Your Parental Rights and Have Time With Your Kids
When you get a divorce or your relationship with your co-parent ends, you will have to talk about who gets custody of the children. This can be a very contentious subject that causes a lot of hurt feelings. Georgia state law requires that each parent have time with his or her children. You may need a lawyer to figure out how to settle this debate.
At Weaver Law Firm, we understand how hard this can be on you and your kids. Our attorneys are very sensitive to your circumstances. We will help make sure your parental rights are respected, whether you’re seeking custody of your children or you expect to be the noncustodial parent. We serve clients in Gainesville, Cumming, and all over North Georgia or Metro Atlanta for child custody issues in divorce as well as for parents who are not married or who have paternity concerns.
How is Custody Determined in Georgia?
All decisions regarding custody are determined “in the best interests of the child.” Factors in this decision can include:
- Each parent’s work schedule
- Each parent’s living situation
- Educational opportunities
- Drug or alcohol use
- Concerns of domestic abuse
Once we have determined which of you will have custody of the children, we will work with you, your spouse or co-parent, and his or her lawyer to set up a parenting plan. This will outline how much visitation time the noncustodial parent has with the kids, a schedule of when the children are with each parent, and arrangements for special occasions and holidays, as well as anything else the two of you want to include. We will submit this plan to the courts, along with your settlement agreement, for approval.
If you and your spouse or co-parent cannot agree on who gets custody of the kids or on a parenting plan, we will aggressively represent your interests in court.
Contempt & Modification
If a court order has been issued—whether by judge, jury, or agreement by both parties—and is not being followed, the violating party can be held in contempt of court. In family law concerning divorce and child custody, common contempt of court issues includes failure to pay alimony or child support, disregard for child visitation orders, and failure to sign documents, surrender the property, or pay fees, among others.
If you are facing these difficulties, contact a family law attorney at Weaver Law Firm immediately. We can go to court to ensure the other party does what they are supposed to. Alternately, if you are being charged with contempt, we will review your situation and defend against the accusations.
One certainty in life is change. Whether a court order pertaining to child support, visitation or other terms was issued years or months ago, it should be changed if circumstances change. A loss of employment or a promotion are both issues that can prompt child support modifications. Likewise, visitation terms can also be reexamined when circumstances change.
Regardless of what side you are on, our attorneys can review your situation and help you determine the best course of action regarding child support modifications. Contact Weaver Law Firm now to discuss your case. We understand the importance and urgency of your situation and will return your call immediately.
Adoption & Legitimation
Adoption is a wonderful process that legally brings together a family. However, adoption laws are complex and all types of adoption are paperwork and procedure intensive. Our attorneys can help you manage the legal aspect of all types of adoptions, including family member adoptions, domestic adoptions, and international adoptions. Let our lawyers guide you through this overwhelming, yet exciting time.
Father’s Rights Lawyers for Legitimation
If you are facing paternity or legitimation issues stemming from an out-of-wedlock birth, previous relationship or an unfounded accusation, the attorneys at Weaver Law Firm can help. Our attorneys can guide you through the legitimation process and then advise you following the results. We understand the stress you are facing. Contact us today to discuss your case.