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  • When Divorce is the Only Option…

    Written on May 27, 2015

    Divorce can take a serious toll on all those involved, both emotionally and financially. If children are involved, the situation can become even more difficult to deal with.  Marriage is meant to last for years and years. In fact, it’s in the vows: “Until death do us part.” The reality is, however, that many marriages do indeed end in divorce.

    If you have reached a point in your marriage where you believe divorce is the only option, you should contact an attorney from The Silverbach Group today.  It’s not something you want to undertake alone. Your future finances, as well as the custody of your kids, could very well be at stake. We are an experienced law firm here to help. Some divorces can get nasty when it comes to the division of assets, alimony, and custody.  Even if your split is amicable, you should still be represented by an attorney to protect your rights and your future.

    There are many factors that are taken into consideration during a divorce. There are three very important categories, though, that will have the greatest impact on each party:

    • Your Combined Assets
    • Joint Child support and Custody
    • Spousal Alimony

    Georgia is an equitable distribution state. That means the marital property and assets are divided in an equitable fashion. It’s important to remember that equitable doesn’t always mean equal; it only means fairly.  What’s fair, however, is in the eye of the beholder. What’s fair to the courts may not seem fair to you. That’s one if the main reasons you should have an attorney in your corner.

    As a general rule, property, money, and debts amassed during the marriage will be considered by the courts. This usually doesn’t include assets either party had before the marriage. Nor does it include property that was inherited or given as a gift to either spouse prior to the divorce.

    Spousal support, or alimony, will also be determined by the courts. In most cases, the judge may require the spouse that earns more money to pay a monthly sum to the other spouse. Alimony is typically set up for a period of time. Factors taken into consideration include the length of the marriage, standard of living, and each spouse’s age and health.

    Child custody and support can be a very contentious and complicated matter. There are numerous factors involved in determining if either spouse will have primary custody or if the parents will share custody.

    This is merely a sketch of the details that will be addressed during a divorce proceeding. Even if the split isn’t contested by either side, you need an experienced attorney to help you navigate the complexity of the legal system. If you think you can work out the legalities of a divorce on your own, you will most likely be disappointed with the outcome. The attorneys at The Silverbach Group have the experience to make sure you are treated fairly. You can reach us at (770) 635-0334.


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