Alpharetta Divorce Lawyers

How Can An Alpharetta Family Law Attorney Help Me?

At The Siemon Law Firm Divorce and Family Law Attorneys, P.C., we understand that the results you get could affect your children, finances and future. We are compassionate attorneys dedicated to our clients’ family law goals in Alpharetta and across northern Georgia. We will work together as a team and provide you with the benefits that come from over 100 combined years of experience. We will listen to you, care about your family and take action to help you through the difficulties ahead.

Your Lawyers For Every Type Of Family Law Conflict

We are the only place you need to turn to when you have a family law problem. Our services include:

• Family law: We provide comprehensive family law support to families, couples and individuals. Our family law attorneys are attentive to a wide range of case types.
• Child custody: During child custody cases, child support modification or enforcement and other cases, we work to protect the rights of Alpharetta parents.
• Child support: We provide thorough representation in cases that involve the determination of child support or spousal support.
• Divorce: Many aspects of divorce are complicated, such as dividing retirement savings, real estate and other property. Throughout your divorce, our lawyers will pursue every opportunity to best serve your interests.
• Adoption: Whether you are a stepparent, a foster parent, a grandparent, an LGBTQ+couple or simply someone who is ready to care for a child, we can guide you through the adoption process.
• Mediation: When mediation could be a viable option to resolve your family law issue, we advise you of this. Mediation can help save divorcing individuals time, money and stress.
• LGBTQ+family law: We provide the experienced guidance LGBTQ+couples and individuals need when facing a variety of family law issues, including property division, child custody, adoption and more.
• Property division: Whether you have questions on dividing the marital home, your retirement plan or other joint property or assets, our attorneys can provide the dedicated guidance you need.

What Is The Divorce Process In Alpharetta?

The decision to end your marriage is only the beginning. The legal process of divorce involves several steps you must complete before the next chapter in your life can truly begin.

This starts with finding the right divorce attorney. Your lawyer should have a lot of experience with reaching fair results in complex property division, child custody, and other vital parts of divorce. They should also be someone you can trust with your personal details. With their advice, you can begin figuring out what you want out of your divorce, financially, personally and as a parent. How will you afford to live on your own? What custody arrangement is best for the kids?

From there, the process generally follows this timeline:

• Filing. The divorce process formally begins when one spouse files a petition for divorce with their local district court. Almost every petition is for a no-fault divorce, though traditional grounds for divorce, such as adultery and desertion, are still on the books in Georgia.
• Answer. The other spouse has 30 days after being served with a copy of the divorce petition to file a formal response. The answering spouse may include any defenses or counterclaims they find necessary.
• Standing orders. The court will issue standing orders to preserve things as much as possible while you and your spouse work to resolve child custody, property division and other key matters. For example, these standing orders temporarily prohibit the spouses from emptying bank accounts or moving the kids out of state.
• Just like any other civil legal matter, each side in a divorce has the right to demand evidence from each other. Income tax statements, bank statements, evidence of living expenses and other documents help you and your attorney determine the scope of the marital assets so you can strategize how to divide it up.
• Temporary orders. Since it can be months until your divorce is finalized, the court can issue temporary orders related to child custody, child support, alimony and so on so you and your spouse can continue living your lives.
• Pretrial negotiation. Most divorces settle out of court, saving the parties considerable time and money and the uncertainty of going to trial. Mediation is a popular option to help spouses work out a settlement.
• Child custody proceedings. One of the most important matters to resolve for divorcing parents is child custody. If the parents cannot work out a parenting plan on their own, the judge will hold a contested custody hearing to hear arguments and decide on the children’s living arrangements.
• Late case evaluation. Somewhere around 120 days after the divorce petition was filed, the judge can decide to hold a status conference. This is to give the judge an idea if the parties are making progress and if the divorce is likely to settle. It works by having a neutral evaluator review the case and make a recommendation. If the evaluator believes that negotiations are not going well, the judge might schedule a settlement conference to encourage the sides to overcome their differences.
• If a settlement is impossible, the court will set a trial date. A divorce trial works like any civil trial, with both parties presenting arguments and evidence in support, and the judge or jury rending a verdict at the end. Because a trial is public, personal details of your marriage will end up on the record.
• Post-divorce modifications. As the years pass, one or both spouses might decide something in the divorce decree needs to be modified. For example, the children’s child support needs might go up or down, or the custody arrangement could become impractical if one parent moves out of state. This requires you to go to court to either request a modification or oppose your ex’s petition.

Georgia Divorce FAQ

Divorce law can be confusing if you have never gone through the process before, or even if you have. Here are a few answers to commonly asked questions our attorneys hear.

Does it matter who files first in Georgia?

Being the spouse who takes legal action first has some advantages. For one thing, you have a head start on hiring a divorce attorney, financial analyst and other professionals. Filing first also gives your team more time to compile and review documents, and helps them take proactive steps to stop your ex from hiding or draining marital assets.

Is Georgia a 50-50 state?

Like most states, Georgia follows the equitable property division model. This system divides all property owned by the spouses into marital and nonmarital assets. Marital assets must be divided “equitably” between the spouses. This does not mean an automatic 50-50 split. The law only requires the division to be fair to both sides.

How are custody and support agreements decided in Alpharetta?

The primary concern in child custody is the best interests of the child. Every child is different, and instead of a set formula for child custody disputes, the court will consider several factors, such as the child’s emotional, physical and psychological needs, their relationship with each parent, and how far apart the parents live. If the child is old enough, the court will also consider their stated preferences for where they want to live.

By contrast, Georgia law uses a formula for determining child support based on things like each parent’s income and the number of minor children they have together. However, several factors can cause the judge to deviate from the formula, such as a child with special needs, difficulty determining a parent’s true income or the parents negotiating a customized child custody and visitation arrangement.

Contact A Hardworking, Compassionate Legal Team

At our firm, our dependable, thoughtful attorneys are dedicated to building you the legal solutions to family law problems that you need. They will work hard with you to find the right way forward for you. If you are ready to explore your legal options, they’re here for you.

Because each local government has its own set of rules, we can provide advice that is specific to the laws and procedures of Fulton County. Our law office is conveniently located in the heart of Alpharetta. To schedule a consultation with our law firm, send us an email or call 770-888-5093.