Divorce, property division, custody battles, child support disputes, and other family law issues can be difficult and stressful. Often, tough decisions must be made, and the outcome of these decisions can be life-changing. Because the legal process can be complicated and overwhelming, it’s extremely important to have the right legal team representing and advocating for your cause. At CW Law, we work diligently alongside our clients to see their rights and interests advanced and protected.
We understand the emotional toil, lifetime effects, and legal implications that will result from the difficult decisions you have to make. You deserve a team of legal professionals who is empathetic, knowledgeable, and effective at getting results. We would be honored to represent your affairs. At CW Law, we genuinely care and want to use our expertise to support you in achieving the positive results you and your family deserve.
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Obtaining a divorce is a life-changing decision that’s never easy to make. At CW Law, we recognize the lasting nature of decisions made before marriage, during separation and after divorce. You need a Family Law attorney whose empathy fuels the passion for getting you the results you want. We’re dedicated to helping clients evaluate each possibility closely and create solutions that best fit the individual needs of their families.
Our legal team can help you avoid common divorce pitfalls, and walk you through critical considerations.
How much? How often? How long? These are only a few of the legitimate questions that must be explored thoroughly when determining child support arrangements. When child support is ordered, the Court takes a variety of factors into account. Some of those factors include, but are not limited to the following: income, assets, liabilities, children’s lifestyle, number of children included in the order, children not included in the order, and other child support obligations.
The laws are complicated, but our team of legal professionals is knowledgeable, strategic, and ready to help you reach a fair resolve.
Oftentimes, when parents are divorcing, custody is a major issue, especially when they have minor children involved. Like most Family Law issues, determining custody of children comes with great emotional sensitivities and stress. When stressed, it’s easy for a parent to look at him/herself and decide that they do not make enough money or have enough education for a court to decide that they can properly care for the child. In addition to judging themselves, they are often judged by the opposing party, witnesses, and others outside of the case. This kind of judgment and stress can make it easy for a parent to give in and relinquish primary physical custody to the opposing party.
At CW Law, we are attentive and sensitive to custody concerns. Our staff is knowledgeable, experienced, and resourceful in handling these delicate matters. We understand that determining custody according to the child’s best interest is not always black and white, so we help our clients, opposing parties, and the Court understand the gray areas. At CW Law, when we undertake to serve you in a custody determination, we undertake to identify, articulate, and advocate for your child’s individual growing needs.
Regardless of the financial net worth of either spouse, individuals who want to protect their assets should consider entering into a pre-nuptial agreement prior to marriage. When drafted fairly, a pre-nuptial agreement helps preserve the marital estate in the event of divorce. Because this is sometimes a sensitive topic, especially when wedding planning, it is imperative that it be handled with care and compassion and executed with precision. At CW Law, we are well versed in drafting fair pre-nuptial and post-nuptial agreements that couples can understand and enter into happily.
Legitimation is how fathers of children born out of wedlock establish parental rights. In Georgia, being the father of a child born out of wedlock grants you no immediate legal rights to that child. In addition to no visitation or custody rights, if you have not gone through the legitimation process, you and the child have no immediate right to inherit from each other.
If you are a father who wants to legitimate a child, let’s start the conversation today. Request a free consultation so we can evaluate your case and help you begin the legitimation process.
Family Law Frequently Asked Questions
The divorce process begins with filing a complaint in the Superior Court of your spouse’s county of residence. Unless your spouse signs an acknowledgement and waiver of service, you must serve him or her with a copy of the complaint. After your spouse receives the complaint he/she has 30 days to submit an Answer. From there, the process varies per client.
Each matter is different, but an uncontested divorce can take from 60 days to four months. A highly contentious contested divorce can take anywhere from 60 days to two years.
According to O.C.G.A 19-5-3 parties may divorce for the following reasons:
- Intermarriage by persons within the prohibited degrees of consanguinity or affinity;
- Mental incapacity at the time of the marriage;
- Impotency at the time of the marriage;
- Force, menace, duress, or fraud in obtaining the marriage;
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
- Adultery in either of the parties after marriage;
- Willful and continued desertion by either of the parties for the term of one year;
- The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
- Habitual intoxication;
- Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;
- Incurable mental illness;
- Habitual drug addiction; or
- The marriage is irretrievably broken.
Each matter is different. If the parties are able to settle, the judge may grant a divorce without a hearing.
According to O.C.G.A. 19-6-5 the following is considered when determining whether alimony will be awarded:
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and the physical and emotional condition of both parties;
- The financial resources of each party;
- Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
- The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
- Such other relevant factors as the court deems equitable and proper.
Child custody is determined using the best interest of the child standard. Factors considered when looking at the child’s best interest are as follows:
- The love, affection, bonding, and emotional ties existing between each parent and the child;
- The love, affection, bonding, and emotional ties existing between the child and his or her siblings, half siblings, and stepsiblings and the residence of such other children;
- The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child;
- Each parent’s knowledge and familiarity of the child and the child’s needs;
- The capacity and disposition of each parent to provide the child with food, clothing, medical care, day-to-day needs, and other necessary basic care, with consideration made for the potential payment of child support by the other parent;
- The home environment of each parent considering the promotion of nurturance and safety of the child rather than superficial or material factors;
- The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
- The stability of the family unit of each of the parents and the presence or absence of each parent’s support systems within the community to benefit the child;
- The mental and physical health of each parent;
- Each parent’s involvement, or lack thereof, in the child’s educational, social, and extracurricular activities;
- Each parent’s employment schedule and the related flexibility or limitations, if any, of a parent to care for the child;
- The home, school, and community record and history of the child, as well as any health or educational special needs of the child;
- Each parent’s past performance and relative abilities for future performance of parenting responsibilities;
- The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child;
- Any recommendation by a court appointed custody evaluator or guardian ad litem;
- Any evidence of family violence or sexual, mental, or physical child abuse or criminal history of either parent; and
- Any evidence of substance abuse by either parent.
Child support is determined using a complex formula that considers both parents’ income, current financial obligations, and the child’s needs.
Mediation is a private process where both parties discuss their goals and concerns, and the mediator acts as an unbiased voice. The mediator helps spouses reach agreements. When the parties are not represented by attorneys, the mediator will share alternatives and advice, and, in some cases, inform them of their various rights. If you reach an agreement in mediation, it is binding as if the matter was decided before a judge.
If you are dealing with a family law issue, it is imperative that you seek legal advice.
Crystal Wright Law offers flat rate and hourly billing.
Child Custody Under Stress
Typically, custody is a major issue when parents are divorcing. Because of stress and pressure from outsiders, a parent may give in and relinquish primary physical custody to the opposing party. In this video, Attorney Crystal Wright will explain why it’s essential for stressed parents to take time to closely evaluate their options and rights, and decide what living situation is truly in the child’s best interest now and in the future.