If You Have Decided To Get A Divorce, There Are Things You Should Know

There are many questions people have about family law. In reality, family law is so dependent on your circumstances that any answers should be taken as tentative until you meet with an attorney. I am attorney Meredith W. Ditchen-Oakley. For specific advice about your situation, please schedule an appointment with me at my office in Woodstock. Until then, here are some commonly asked questions that may help you.

What is an uncontested divorce?

An uncontested divorce is characterized by spouses who are in agreement on the terms of their divorce. This includes things such as dividing property, support payments and child custody. Even in the most amicable divorce, there is usually some level of negotiation before final terms are agreed to. At Meredith W. Ditchen-Oakley, P.C., my primary focus is on low conflict and uncontested divorce.

If our home or business is in my name, is it marital property or separate property?

Any assets you gain during your marriage are considered marital property and are subject to division. This includes 401(k)s, investments and retirement accounts that may be under only one person’s name.

Will there be alimony in my divorce?

Alimony is based on many factors, like each partner’s health, income and capability. It is also awarded at the judge’s discretion. You should also know that Georgia family law does not award permanent alimony; all alimony is temporary.

Can I get sole custody?

Georgia courts presume both parents will be active participants in the child’s life. Sole custody is very rare, and most parents will retain some form of physical or legal custody. Sole physical custody is only awarded if there is child abuse, drug addiction, incarceration, mental issues, etc.

What is legitimation? Is it necessary?

Even if your name is on a child’s birth certificate, Georgia law requires fathers to petition for legal recognition of their child. Only then can you assert rights to custody/parenting time/visitation. Without this step, mothers have full rights to the child.

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You can reach my office at 770-517-0008 to schedule an initial consultation.