The overall goal of a divorce proceeding should be to treat both sides equitably, regardless of gender. However, Men and Father’s frequently feel that their rights are not equally considered during the divorce process. If you are a man and/or dad going through a divorce – you can be assured the attorneys at Coleman Legal Group, LLC will make your concerns and rights our primary concern. We will not acquiesce to your rights not being given full consideration as a part of the legal process. And fortunately, the law in Georgia has been steadily trending over the recent several years to appreciate and respect men and fathers in divorce cases.
There are many different decisions that have to be made in a divorce case involving children, assets and potential child support and alimony. The court recognizes there is a natural connection between a mother and child, that the husband is often the primary money-earner in a marriage, and that the mother may primarily stay at home with the kids. As a result, without effective representation, a father and man may end up feeling unfairly treated in custody, child support and potential alimony decision. And the result can be life altering and affect a man / father for several years after the divorce case is over.
There are ten (10) things that all Fathers and Men should know about Georgia divorce:
1. If you are suffering reduced income or job loss – it may actually not be the worst time to be in a divorce because alimony and support issues are partially determined by the parties’ income.
2. As a father, you do not need to resign yourself to the customary standard every other weekend visitation. The courts are routinely granting fathers primary and even full custody of their children when the facts support it – and it is in the best interest of the child(ren). This is happening more often in Georgia courts – and should be requested when the fact of the case warrant it.
3. Men do not always have to pay alimony. As a matter of fact, alimony has become much harder for the parties to be awarded. In fact, it has become even more common for men to request and be granted alimony when the facts of the case support it.
4. The wife in a case is not entitled to share in the husband’s “separate property” as defined as: the property that the husband owned before the marriage or received by gift or inheritance. However, it is important to speak with an attorney asap after receiving “separate property” to learn how to preserve it.
5. Having an affair may have surprisingly little impact on your divorce if you are not the party seeking alimony. However, having an affair will frequently complicate a divorce by causing the other party to make emotional decisions rather than logical ones. Also, as we frequently tell out clients, nothing good can come from “dating” during the divorce process.
6. You should not move out of the marital home voluntarily or too soon before speaking with an attorney. Once you have left the marital home, which is also the customary home of the children – it can be much more difficult to regain access to the home and your property inside.
7. Being the first person to file divorce can be of some advantage, but not always. It is more important to notice the signs that your spouse may be thinking about a divorce, because if they are they are also likely speaking with attorneys and making preparations for filing. If you find yourself in this situation, you should speak with an attorney as soon as possible. In other words, the best time to consult with a divorce attorney is as soon as you suspect that your spouse may be thinking about a divorce or separation. It is important to be financially and mentally prepared for a case before any papers are filed with the court.
8. It you have been served with any legal paper involving a divorce or family law issue you should speak to an attorney as soon as possible. There are several obvious and non-obvious deadlines in a court case that must be met to preserve your rights.
9. It is almost always best to settle a divorce case as uncontested rather than filing a contested cases.
10. If an uncontested case is not an option, it is important to speak with an attorney before filing about what to expect, which includes: deadlines, discovery, mediation, temporary hearing, etc. In other words, it is important to know what to expect in a case early on.
From the beginning, put your best foot forward and make your best first impression in your divorce case. It is important to have an experienced team of divorce and family law attorneys at your side to stand up for you and guide you through the process. The attorneys at Coleman Legal Group, LLC have helped hundreds of clients facing divorce and family law issues and we can help you too.