Augusta Georgia Divorce | GA Child Custody Lawyer

Preparing for a child custody case in Augusta GA Military Divorce law firm

Child custody attorney – Columbia County Georgia

Child custody includes physical custody – the right to have the child live with you and legal custody – the right to make decisions about the childs welfare and education. When one parent has both legal as well as physical custody and the other has fairly limited visitation, the primary custodial parent has sole custody. When both spouses share physical custody, legal custody, or both it is known as joint custody. A joint-custody solution provides a psychological boost to the parent who would otherwise be the noncustodial parent. Joint custody is a workable option only if the parents have an amicable relationship with each other, communicate well, and understand the nuances of their kids daily routines. Parents in such cases feel more involved in the childrens lives than the noncustodial parent in the sole-custody situation. However, in a family where one parent says black and the other parent says white, the children are better off with a sole-custody arrangement to lower the chances that their parents will fight on each decision that has to be made on their behalf. When the parents are not on friendly terms, joint legal custody will mean more room for disagreement and continuation of conflict. These parents are more likely to return to court than sole custody parents.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Preparing for a child custody case in Augusta Georgia Military Divorce attorneys

Divorce attorneys – Augusta GA

Please, understand that a trial must be your final alternative. Custody trials are very painful and tough for parents and children. If you cannot arrive at an agreement and have no alternative but to have a custody trial, there are some things you should do to prepare for it and help your attorney present a good case. You must learn to record everything. Maintain a journal and note down each incident that occurs with the other parent in terms of your child, such as missed visitations or times when the child is returned to you dirty. Note down everything you do with your child. This will help you provide proof of what happens on a daily basis. You may also use a calendar to record when your child is in each household so that you can quickly reference this information and be show a clear pattern of how your child divides his or her time between parents. Spend as much time as as you can with your attorney going over all the evidence and everything you can testify about. Make a list of witnesses your attorney can call who will support your case. During the trial, let your attorney handle things, but when someone has said something that is false or if youve just remembered something very important your lawyer needs to ask a witness, write a note or ask the attorney if you can have a brief recess.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Columbia County Georgia Divorce attorney

Divorce attorneys – Augusta Georgia

Divorce attorneys to stay away from

There are two kinds of divorce lawyers you must watch out for. One will initiate a child custody action, in order to compel the other spouse into giving up more property. The second will file various motions, and manufacture conflicts, with the sole purpose of justifying a huge bill. Also be careful of attorneys who claim to specialize in fathers rights or womens rights. Lots of attorneys use that specialization as an advertising gimmick. The best family attorneys usually represent both men and women. Please choose your divorce attorney carefully.
Remember that the objective of custody litigation is to decide the best home environment for the children. If parents engage in bitter, acrimonious, hostile litigation, they make the transition much more difficult for their kids, and they also damage their ability to communicate once the litigation has ended.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Augusta Georgia Military Divorce law firm

Military divorce lawyer – Augusta Georgia

A military divorce is unlike a general divorce as it is governed by both the laws of the state that you live in and by Federal regulations. As a military divorce involves different laws and raises complex issues about pensions and other benefits, it is advisable to consult with a military divorce lawyer instead of a general divorce lawyer. Generally, state law governs issues as spousal support, child custody, and visitation. Federal rules determines issues such as child support, property division, and military benefits. Under the Servicemembers Civil Relief Act, also referred to as the SCRA, military personnel are protected from all lawsuits since they must devote all of their time and energy to protecting our country. The court will generally delay the military divorce case until 60 days after active duty ends. To start any military divorce, the other spouse shoud be served with the Complaint. Serving a Complaint on someone in the military is unlike serving a civilian. When the party is on active duty or deployed overseas, you may request that the military serve your spouse. For the military to serve the spouse, the spouse must consent to service. If the spouse does not consent to having the military serve the divorce Complaint, then you must return to court and request the court to appoint an officer of the court to serve the papers.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Evans Georgia common law marriage lawyer

Divorce in Common law marriage lawyer – Augusta Georgia

Divorce is regulated by state law. Georgia has strict residency criteria for divorce filings. You must meet the residency conditions if you intend to file for divorce in Georgia.

The state of Georgia recognizes common law marriage if created before 1/1/97. Under common law, couples who act as if they are married, present themselves out to the world as married, and intend to be married are treated as legally married. Filing joint tax returns, referring to each other as husband and wife, and using the same last name are usual indicators of a common law marriage. If you stay in Georgia and your marriage was created prior to 1/1/97, then you are legally married and must get a divorce to end the marriage.

Divorce proceedings are complex. Any error you commit can influence the outcome. First of all, you must be ready for a long battle. The key in approaching divorces is to have realistic expectations, focus on problem solving and do everything you can to help your own case.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Richmond County Georgia child support payment lawyer

Divorce attorney – Criteria for Spousal maintenance Columbia County Georgia

If both spouses have a similar income or if the partyseeking alimony earns more than the other, it is unlikely the Court will award maintenance. Hence, the spouse requesting seeking alimony must have less earning capacity than the other spouse for consideration for spousal support. The amount of property one party has over the other will factor into if that spouse must pay alimony. The Court is much more likely to award alimony to the spouse that has custody of the children from the marriage. The longer the duration of the marriage, the higher the chances of being granted spousal support. If one party pays for the others education during the marriage, its not likely the paying spouse will have to pay maintenance. When a spouse is unable to keep up that standard of living attained during the marriage, the other spouse will have to pay alimony. If one party receives a tax benefit from property acquired during the marriage, it will affect the Judges decision on alimony. The Court strives to make sure each party leaves the marriage in a similar financial situation. The existence of a premarital agreement will also influence the payment of spousal maintenance.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Augusta GA child support payment attorney

Child support enforcement in GA

Child support payments can be calculated on a formula of the non-custodial parents earnings. However the amount of alimony granted is determined by the court in each case. In deciding the amount of spousal maintenance to be paid, the court takes into account various factors, including:
The duration of the marriage
If each spouse can support him or herself independently
Their age and general health
Since both parties must be treated equally under the law, maintenance is no longer being awarded only to the wife when a marriage breaks down. If a huge discrepancy exists between the incomes of the two parties, then the judge may grant alimony to one spouse in an effort to maintain the standard of living established during the marriage.

If a woman has achieved success in the business world, she can be ordered to pay maintenance to her former husband, at least for a short time. Men staying at home to raise their children while their spouse works may be provided some kind of financial support until they can find work. If they have been out of the workforce for some time, then their former wife may be looking at making payments for several years to allow the man to go back to school or take a job training course.

Where someone is unable to work due to illness or disability the judge can order that maintenance be paid for a longer period of time. The judge can also order that alimony be paid permanently as well.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Augusta Georgia Alimony – Divorce lawyers

Enforcing spousal support in Augusta Georgia

The Court may order either party to pay maintenance to the other. Previously most alimony payments were made by the husband to his former wife. These days more women work outside the home as well, it is becoming more common that women are being ordered to provide spousal support to their former spouses. alimony payments can be ordered on a temporary basis until the former spouse can become self-supporting, marries again or lives with another adult. Permanent spousal support payments will be ordered if the former spouse is unable to work. If Court had ordered that spousal maintenance is to be paid and the order is not being followed, a Complaint for Contempt can be submitted to the Court. This compliant should be filed when there is reason to believe that the spouse has the means to pay, but is refusing to do so. A Complaint for Contempt should not be used as a means of harassing the payer. The party in arrears will be called to defend themselves, whether they have left the jurisdiction or not. The Judge can order that the payments be deducted from the spouses paycheck or by direct withdrawal from a bank account. A judge does have the power to order that the non-payer be sent to jail until they agree to make the payments as ordered.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Augusta Georgia Alimony – Divorce attorney

Richmond County Georgia alimony

If you are granted spousal support, you ought to plan for the likely tax impact of the income. Unlike an employer, your former spouse will not withhold any taxes from your support payment. You can deduct spousal support payments on your income tax return, but not child support or property distributions. You can, also, make spousal support payments nontaxable and nondeductible if goes both ways and both spouses agree by stating as much in your marital settlement agreement. You should consider doing this if the spouse receiving support is in a higher tax bracket than the making spouse or if the giving spouse doesnt need the tax deduction and the receiving spouse doesnt want to report the income.

Georgia spousal maintenance can be either rehabilitative or permanent. alimonyis money for support paid to a spouse by the other party. Alimony can be for a short or long time. Usually spousal supportis grantedawarded by the judge only when a long term marriage is dissolved. The other party must be able to pay maintenanceif the judge is to grant alimony to the other spouse. Alimony may also be awarded short-term before a final divorce decree is granted.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.

Spousal maintenance in a Richmond County Georgia contested divorce lawyer

Georgia maintenance

In some divorces, divorce courts award Alimony, to one spouse. Alimony is especially typical following a long marriage or if one spouse gave up career plans to support the other spouse or care for kids. In Georgia the support payments (if any) can definitely effect how the marital property distribution is determined, which is why it can become a very intricate part of the final outcome of any divorce. Spousal support, also referred to as alimony or maintenance, is designed to help a lower-earning spouse make it through the divorce and to start a new single life. Depending on the length of the marriage and the degree to which one spouse was financially dependent on the other, support can go on for a long time. spousal maintenance falls into two broad categories: short-term alimonyand long-term or permanent alimony. Reimbursement alimonyis a kind of long-term support. A spouse may also get temporary maintenancebefore the divorce is final.

As with most issues in a divorce, you and your spouse can agree to the amount and length of time spousal maintenance will be paid. But if you are unable to agree, the judge will determine the terms for you. Remember, having a court make the decision means there will be a trial, and that will be expensive and time consuming.

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Shawn Gunder is an Augusta GA divorce lawyer & Georgia Military Divorce Lawyer He is an Augusta military divorce lawyer, GA child custody attorney and Augusta Georgia child support attorney.