When Do I Need a Divorce Attorney

The termination of a marriage can be one of the most tumultuous and emotional times in a person’s life. But aside from the personal anguish that they create, divorces can also be legally complicated. Many Atlanta and Georgia couples come to the decision to get a divorce amicably enough, but then later become consumed by the decisions that have to be made. Sometimes, this creates animosity and the action becomes adversarial.

Although no attorney is required to obtain a simple divorce in the State of Georgia, many individuals find the legal advice and services of a Georgia family law attorney invaluable. Here are some of the issues that need to be resolved in many divorces:

Asset Division - Who gets what? The division of assets can be an enormous source of conflict. In addition to material property, things like pensions, retirement plans, insurance policies, et cetera are often bones of contention between divorcing parties.

Child-Related Issues - These can be problematic if both parties can’t agree to terms. In addition to custody of the children, there are visitation schedule, support payments, and other decisions about the welfare of the child or children to consider. What school will the child attend? Who makes the decision about medical issues? Questions like these must be mapped out to avoid future complications.

Spousal Support - Occasionally the courts will award one of the divorcing spouses alimony or spousal support. This can be awarded on a temporary or permanent basis depending on the purpose for the support.

If you and your spouse are no longer speaking and are disputing what each should get in the dissolution—whether it be division of property issues or child custody issues—your divorce is going to be a contested matter and you should hire a qualified Georgia family law attorney to fight for your rights.

It’s not uncommon for someone who is filing for a divorce to be hesitant about hiring a lawyer. He or she may see it as a provocative move that will cause the other spouse to fight the divorce action harder, or there may be concern about hurting the other party emotionally. Even if you decide not to use a Georgia divorce lawyer to negotiate the terms of the dissolution, it doesn’t hurt to sit down with one and discuss your options and rights before proceeding forward.

In conclusion, there are times when an attorney is crucial to a divorce. If you have a child custody issues and/or are dividing a large amount of assets, it would be very unwise to proceed without an attorney. If you have an uncontested low asset divorce with no children involved, you may not require a lawyer, but it can still be helpful to have one on your side.