Divorce Law

Divorce Law

Atlanta Georgia Divorce Lawyers & Attorneys

Getting the best divorce lawyer for your case is extremely important,but finding the right divorce attorney is critical. At McKinley Law Group we work hard to deliver superior representation tailored to your specific case. We aren’t a “get em in and out” type of law firm. We offer experience with compassion, so we care about our clients needs and about presenting the most effective case possible.

If you live in or around Atlanta and are facing a Georgia Divorce, please browse our site and see the multitude of services we offer including:

Divorce is sometimes portrayed as taking the easy way out of a difficult relationship instead of working to resolve its problems. Nothing could be further from the truth. The decision to file for divorce requires courage, emotional strength and self-awareness. As many people who have gone through divorce can tell you, it is often easier to persist in a bad relationship than face the tough decisions that come with divorce. Our lawyers will provide you the necessary guidance to successfully navigate through these rough and emotionally taxing times.

Divorce laws vary by state, but all contested and uncontested divorces follow the same respective legal process. When a couple agrees on such matters as custody and support and division of marital assets, their attorneys finalize the agreement and court intervention is not required. But when a couple contests each other’s wishes, their attorneys take the case to trial and a judge makes the final decision.

When a marriage suffers irreparable damage or a couple experiences irreconcilable differences, divorce can provide a way to stop the pain and move forward toward a new beginning. If you’ve made your decision to separate, seeking the advice of an experienced divorce attorney can help you navigate the technical issues of divorce with greater confidence.

Ten Frequently Asked Questions Concerning Divorce

1. What is divorce?

Divorce is defined as the legal termination of a marriage. Upon requesting a divorce, spouses must state their reason for wanting to dissolve the marriage. The reasons are presented to the Court and thus serve as the grounds for divorce.

4. What is an annulment?

An annulment is the voiding of a marriage contract, meaning that the contract is treated as if it never occurred. Annulments are usually only granted when the marriage contract suffers a defect of some kind, such as lack of parental consent for the marriage of an underage party, an individual’s incapacity to understand the marriage contract or “fraud in the inducement” of a marriage contract. An annulment can only be granted to the innocent party, meaning that there are no “no fault” annulments.

5. What is a legal separation?

Sometimes referred to as “separate maintenance”, legal separation occurs when individuals remain married but the Court exacts divorce-like regulations on the relationship. For example, the Court may set rights and liabilities regarding property, debts, custody and support, child support, child visitation, and alimony. Legal separation cannot be commuted to divorce. If a divorce is eventually desired, divorce proceedings must be filed separately.

6. Do you have to get a divorce in court?

Because marriage is a legal bond, it must be dissolved by a court of law. When a spouse files for divorce the Court will issue a summons against the other spouse. The person seeking the divorce then appears in court to give evidence. If a divorce is uncontested, it can be quick and uncomplicated; however, when custody and support and property disputes are involved, divorce can become complicated and take significantly more time.

7. How long does a divorce normally take?

Because divorce circumstances are different for everyone, the time that passes between filing for divorce and a receiving divorce decree varies. Even when souses reach a quick resolution concerning custody and support and division of property, each state has its own minimum “waiting period” for a divorce to go from filing to a decree of divorce. A speedy divorce may take as few as 30 days, while a lengthy divorce can may take as long as two years.

8. What questions should I ask divorce attorneys before hiring one?

Before you hire a divorce attorney, you should ask the following questions to help decide which attorney is best for you and your case:

1. How much experience do you have with cases like mine?

2. What kinds of resolutions can I expect from my case?

3. How long will it be before my case is resolved?

4. What is your fee and how will I be billed?

5. How much can I expect to spend on my divorce?

6. How often will I be in contact with you and your staff?

7. Will anyone else be working on my case?

8. Will you try to settle my case or will you take it to trial?

9. Will arbitration or mediation work best in my case?

10. Will any unexpected costs be involved?

11. How do divorce attorney fee structures work?

Most divorce attorneys charge by the hour. However, some attorneys request an initial deposit to cover expenses or to draw fees from. The hourly rate usually depends on the attorneys experience, where the practice is located and its operating expenses. An experienced attorney should be able to estimate how much your case will cost. If you are charged a flat fee, always be sure to ask what the fee covers.

10. Can my spouse and I use the same divorce attorney?

Due to spousal conflict of interest, it is legally unethical for one attorney to represent both parties in a divorce. An attorney can represent one spouse while the other remains unrepresented, but this usually gives the spouse who is being represented an unfair advantage.

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