The Siemon Law Firm

It is advisable to retain an attorney because the legal system is very complex. You could give up important rights or items if you don’t have an attorney to help and guide you. When you hire a knowledgeable and experienced attorney, you can rest easier knowing that you have someone who knows the law and will help you to get the best results in your case.

Each divorce costs differently, so this means there’s no set fee.

Divorces can be completed in as short as 31 days after the defendant is served or take several years. The length of time to get a divorce can be lessened if both parties agree on the terms of the divorce, and this includes dividing up property, dividing up the debt, deciding the amount of child support, if any, and agreeing on the custody and visitation terms.

Divorce is when two people have their marriage judicially terminated. In most cases, you need to file your divorce paperwork in the superior court of the county where your spouse resides. There are some exceptions to this rule, but generally speaking, this is where it should be filed.

A divorce can take between 6-8 months if not disputed, from issuing the petition to the Decree Absolute. If the divorce or finances are disputed, then this timescale can be longer depending on when such issues are resolved.

Dividing marital assets and debts can pose a significant challenge, especially when the stakes are high. Georgia courts follow the rule of equitable property division, which means that marital assets must be divided fairly — though not necessarily 50-50 — between the parties. To decide what is fair, the court will consider several factors, including: The age, health, education and overall earning potential of each party, The financial needs of both parties, The conduct of each spouse throughout the marriage, The length of the marriage

Child custody laws differ from state to state. Therefore, any parent who wishes to file for child custody or defend his or her claim to child custody will need to become familiar with the child custody laws in the state where the child resides.

Grey divorce or silver splitter is a term referring to the demographic trend of an increasing divorce rate for older ("grey-haired") couples in long-lasting marriages.

Here are some factors that could invalidate prenuptial agreement: Fraudulent agreement, An agreement made when one person was incapacitated or under duress, Improperly filed paperwork, Not having proper legal representation etc.

An attorney may be able to help you establish your parenthood and start building a relationship with your child. Once you’ve established that you’re the child’s biological parent, your attorney may help you shoot for full or joint custody, whichever option is in the child’s best interests. If you’re not looking for custody, your attorney might help you argue for visitation rights that help you balance parenthood with your other responsibilities. Your attorney may also help settle other disputes like child support payments.

First off, you’ll have to prove paternity. If your name is already listed on the child’s birth certificate, you won’t have to do anything else. If not, you can take a genetic test to prove that you’re the child’s father. Keep in mind that you have to be biologically related to the child.

Yes. If one party wants a divorce, that party can file for the divorce regardless of the other party’s wishes. This is a classic contested divorce. The fee structure differs from an uncontested divorce. Typically the client pays a retainer and is charged by the hour instead of a flat fee.

While it is not necessary to hire a legal representative in a divorce or family law case, it is highly advisable that you do just that. There is a higher likelihood that you could hurt your situation if you attempt to handle everything on your own. The laws surrounding family issues and separation can be complicated and messy. It is already stressful and complex enough dealing with your soon to be ex-spouse and family members to have to add on additional responsibility. Having an experienced attorney with you during court dates and throughout the entire process can greatly increase your chances of obtaining the results you desire.

Most of the negative concepts that people have about divorce are really about contested divorce. When divorcing spouses are unable to come to agreements on the issues involved in dissolving the marriage, such as custody, visitation and property division before going to court, the judge will be called upon to rule on each matter. In this scenario, the parties-or their attorneys-will argue before the judge with the goal of securing a favorable divorce settlement. Uncontested divorce, on the other hand, occurs when the spouses manage to settle their issues outside of court.

Whenever possible, the court encourages the parents to come to an agreement on child custody, but when the judge is required to intervene in the matter the factors which will be considered include each parent's emotional ties with the child, each parent's ability to provide for the child's needs and to provide a safe home environment and how to maintain stability in the child's life-all with the goal of safeguarding the child's best interests.

Alimony, also referred to as spousal support, is not awarded automatically under state law, but can be sought by either party. In determining whether or not to award alimony, the court weighs the ability of the one party to pay versus the financial needs of the potential recipient. The purpose is to provide a spouse who has been economically dependent on the other spouse with the necessary means to maintain an acceptable standard of living while transitioning into single life and it may either be temporary or permanent.

Yes - otherwise you are still married. If you marry another person without first getting a divorce, then you could be accused of bigamy. Also, the second marriage can also be annulled.

Yes, you have the right to represent yourself. When you represent yourself, you are acting as your own lawyer. Most judges will expect you to behave like a lawyer and expect you to know all the court's rules. If your spouse has hired a lawyer, it is especially easy to get confused or frustrated by court rules. Judges and court staff are not allowed to give you advice. Even if your spouse does not have a lawyer, you may be unable to finalize your divorce without some legal advice. Some people end up going to court over and over again because they are unaware of certain rules. So, if possible, you should hire a lawyer.

In some extremely simple divorces—ones where the partners don’t share assets, debt, or minor children—it’s possible to have a successful uncontested divorce without representation. But in most cases, divvying up a marriage is more complicated. It’s challenging to agree on every financial and custodial point, and it’s not always in your best interest to do so.

A fair, enforceable prenuptial agreement should make uncontested divorce in Georgia easier, as it will likely help divide the couple’s assets. But prenuptial agreements don’t handle issues of child custody or child support, so it’s possible a couple will still mount a contested divorce to ensure the best outcome for their kids.

This varies between counties, but even an uncontested divorce will require multiple documents, including a divorce settlement agreement, a domestic relations financial affidavit, and a parenting plan if minor kids are involved.

As we mentioned earlier, an uncontested divorce requires both parties to agree on everything. That means the division of investments, debt, pensions, and property. If you can’t come to an agreement on every point, you’ll need a contested divorce - a process that can still move smoothly and quickly with the help of a Marietta divorce lawyer.

We can help craft agreements that pertain to financial, custodial or other considerations during the time when the couple has split, but has not yet divorced. These agreements can lay the groundwork for a later divorce. Call The Siemon Law Firm to know more details.

We help victims of domestic violence seek protection for themselves and their children. We also advise individuals who have been accused (in some cases falsely) of domestic violence. Call The Siemon Law Firm to know more details.

We help couples draft agreements outlining how property division, alimony and other issues will be handled in the event of a future divorce. Contact our Marietta divorce attorney to learn more today!

We can help clients take the steps they need to take to change their name back to a previous name or to their maiden name after a divorce. Call The Siemon Law Firm for the professional assistance today.

In the past, many men had the impression that courts were often biased against fathers in divorce matters, especially in the area of child custody. In fact, courts strive to be more gender-neutral in their decisions. We can help ensure that the rights of fathers are not overlooked. To learn more, please, consult our expert Marietta child support lawyer.

Yes, if you are getting a divorce, it is mandatory - mediation for all cases involving child custody. Our Marietta divorce lawyers are experienced at representing clients in mediation, and we will stand by your side at every stage to make sure your rights and interests are protected.

Courts in Georgia will determine child custody and visitation based on what they perceive to be the best interests of your children. The judge will carefully examine factors such as who has been the primary caretaker, the lifestyles of the parties, the wishes of the children if they are older, and any evidence of past child or spousal abuse. Our Marietta child support lawyers are experienced in presenting the right evidence and arguments to tell your side of the story.

Georgia courts encourage joint child custody unless there are strong reasons not to, such as evidence of past abuse by a parent. Many different types of joint child custody arrangements are possible. To learn more, please, consult our expert Marietta child support lawyer.

Legal custody is the right to make decisions on issues related to your child’s education, medical care and religious upbringing, for instance. Physical custody involves where your child will actually live. Call The Siemon Law Firm for the professional assistance today.

In Georgia, child custody and visitation are referred to as parenting time. A number of parenting-time arrangements are possible, from sole custody for one parent to joint custody. If you and your spouse cannot agree on a custody and visitation arrangement, Georgia courts will order mediation.

As the 401(k)s and pensions often have restrictions regarding when access is permissible, officially dividing these assets may not be possible until both parties reach retirement age. The division of these accounts requires a Qualified Domestic Relations Order (QDRO) separate from the divorce decree. Contact our Marietta divorce attorney to learn more today!

There is equitable distribution of marital property in Georgia, you’ll probably have to deal with the division of your retirement accounts. This includes everything from your 401(k) plans to IRA funds.

Yes, indeed. Georgia differs from many other states in terms of divorce law. While other states allow no-fault divorces, Georgia law requires couples that are splitting up to provide grounds for their divorce.

Georgia residents can sometimes face an uphill battle when dividing assets during a divorce. Deciding what to do with your timeshare property doesn’t have to be too involved or difficult, however. You have a few options available depending on the parameters of your divorce. Contact our Marietta divorce lawyer for more details.

You must be a resident of Georgia for 6 months prior to filing any action for divorce. Contact The Siemon Law Firm for all the details. we will be happy to offer our assistance.

Mediation can be ended at any time by either of the parties going through mediation or the mediator. If one party is ill, on medication or otherwise unable to make rational decisions for himself or herself, the mediation can be paused or terminated. Contact our expert Marietta divorce lawyer to learn more.

During mediation, the divorce attorney for the spouse filing for divorce will present his or her side of the story, and then the other spouse will present the other side. The neutral mediator will ask questions and generally facilitate a discussion between the parties and their lawyers.

Hi, the best way will be to go to this URL https://www.siemonlawfirm.com/contact/ and choose the most convenient method.

Yes, we are proud to offer you the services of our professional mediators.

The mediation process exists so the two parties and their lawyers can present their sides of the dispute to a neutral third-party facilitator.

Annulment is a legal procedure for declaring a marriage void and invalid from its inception. Unlike a divorce, an annulment does more than end a marriage. It treats the marriage as if it had never taken place. Some people prefer an annulment for religious reasons. Others choose an annulment to avoid the stigma of divorce or to avoid the need to divide community property.

Hi, the best way will be to go to this URL https://www.siemonlawfirm.com/atlanta-divorce-lawyers/ and choose the most convenient method.

Yes, we are proud to offer international divorce services in Atlanta, GA.

Hi, the best way will be to go to this URL https://www.siemonlawfirm.com/atlanta-divorce-lawyers/ and choose the most convenient method.

Yes, we are proud to offer separation agreement lawyer services in Atlanta, GA.

Hi, the best way will be to go to this URL https://www.siemonlawfirm.com/contact/ and choose the most convenient method.

You need to prove he is the father by asking the court to order or require him to take a DNA test. If you have help from the Child Support Enforcement Services, the state will order the test . The father will pay for the test if he is found to be the father. If he is found not to be the father of your child, then he does not have to pay for the testing or the child support.

You may file a petition for divorce requesting child support in a state district court, or you can file a rule for child support in state district or juvenile court. You file papers for child support in the parish where you and your child live, where the father of the child lives, where the child was conceived or born, or where the father acknowledged that he is the father of the child.

When you need the money to raise a child, and when you are separated or live apart from the other parent.

A married, unmarried, or divorced parent, who has physical custody of a child can get child support. The parent with whom the child lives most of the time is called the domiciliary parent. Child support is usually paid to the domiciliary parent. Nonparents such as grandparents may get child support from the biological parents if they have legal custody of a child.

Both parents are responsible for the financial support of children. Each parent is responsible in proportion to their income. Since physical custody is split between both parents, child support balances the time spent with each parent and the proportion of the child's expenses both parents owe. Child support covers everyday living expenses for children. It can also include expenses for health insurance for the child, school tuition, camp, sports, music or dance lessons.

If your former spouse has been ordered to do something by the court — whether it be a child custody or visitation order, or an order to pay child support, alimony or property settlement — and he or she has failed to come through — this is considered contempt of court, and there are legal ramifications. To get your ex-spouse to comply with the order, a court will have to engage in enforcement tactics. In this case, this takes the form of an order of contempt.

In Georgia, a parenting plan will spell out how you and your ex-spouse will co-parent your children following your divorce. You will need to file a parenting plan with the court.

If you have grounds for divorce (such as adultery or habitual drunkenness), it can be helpful to hold that your spouse’s conduct is the cause of the breakup of the marriage when you file for divorce. If the court agrees with you, you may receive a greater share of marital property. If your spouse committed adultery, he or she may not be entitled to alimony.

How you file for divorce can set the tone for everything that follows. There are more amicable ways to begin the divorce process than to have the complaint served on your spouse by a sheriff. In Georgia, it is not necessary to have a sheriff serve the complaint if your spouse chooses to acknowledge service. Our lawyers can advise you about nonconfrontational ways to file for divorce.

There are 12 grounds for divorce when one party accuses another of wrongdoing in the marriage. They are adultery, desertion, mental or physical abuse, marriage between close relatives, mental incapacity at the time of the marriage, impotency at the time of the marriage, marriage induced by force or fraud, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, chronic intoxication or drug addiction, and mental illness.

For the most part, no. To obtain a divorce in Georgia it is generally necessary to prove that one party committed some sort of wrongdoing which has led to the end of the marriage. There is one ground for divorce that may be considered to be no-fault

You should consult an attorney as soon as possible to file an answer to your spouse’s claims. You only have 30 days from the date you received the complaint to file a response with the court. You need to give your lawyer time to prepare your response. Even if you are guilty of the conduct claimed in the complaint, there are defenses you could use to keep the issue from affecting the outcome of your divorce. You can also contest your spouse’s claims for child custody, child support, marital property division and alimony raised in the complaint.

Not always. If you and your spouse are able to reach an agreement regarding all issues that arise during a divorce proceeding, including those concerning finances, property division and child custody, this agreement may be presented to the court for court approval. Upon approval, the matter will be resolved. However, if the parties are unable to reach an agreement, even if it involves only a single issue, the matter will have to brought before a judge or a jury.

Yes. One spouse must have lived in the state of Georgia for at least six months prior to seeking a divorce or Georgia must be legally considered to be the last place of residence for the married parties within the past six months.

Hi, yes we do. All of our specifics can be found here https://www.siemonlawfirm.com/contact/

Yes, we are proud to serve the entire area of Cumming, GA.

Yes, we are proud to serve the entire area of Alpharetta, GA.

Yes, we are proud to serve the entire area of Marietta, GA.

Hi, the best way will be to go to this URL https://www.siemonlawfirm.com/contact/ and choose the most convenient method.

Hi, the best way will be to go to this URL https://www.siemonlawfirm.com/contact/ and choose the most convenient method.

Yes, we are proud to offer family law services in Alpharetta, GA.

Yes, we are proud to offer adoption services

Hi, the best way will be to go to this URL https://www.siemonlawfirm.com/contact/ and choose the most convenient method.

Yes, we are proud to offer divorce lawyer services in Marietta, GA.