Divorce
A divorce is a lawsuit between spouses that results in a court order terminating the marriage. While there are many so-called “grounds” for divorce, Georgia is a no-fault divorce state, meaning that the Court can grant a divorce without any specific proof of wrongdoing by the other party.
There are many issues that must be considered during a divorce, including the following:
- Who will have custody of your minor children?
- How much child support will the noncustodial parent be required to pay?
- How will your assets and property be divided?
- How will your debt be divided?
- Will either spouse be required to pay spousal support to the other?
We can help you answer these questions and provide you with additional insight into the best solution for your particular circumstances.
If you are thinking about filing for divorce, or you have been served with divorce papers by your spouse, it is very important that you consult with an attorney quickly to protect your rights.
Child Custody
Custody litigation is some of the most important work we do at the law firm. Helping parents and the court arrive at a solution that is truly in the best interest of a child is an important task and one that we take seriously. Whether you are seeking a post-divorce modification of custody and visitation, seeking visitation and legitimation of a child born out of wedlock, or have other custody concerns, we can assist you and guide you through the judicial process.
Ms. Ruff also serves as a Guardian ad Litem (“GAL”) in contested custody cases. In this role, Ms. Ruff is appointed by the Court to represent the best interest of a child and report to the Court her findings and recommendations regarding custody.
Child Support
The laws concerning child support in Georgia were drastically changed a few years ago. Beginning January 1, 2007, Georgia began calculating child support using an “income shares” model. This means that the law takes into account the income of both parents when calculating child support and then apportions the child support obligation among both parents according to their relative incomes. In addition to this initial calculation, the Court may also adjust the child support obligation upward or downward based on any number of special circumstances, including the child’s extraordinary medical or education expenses, the number of other children the payor parent is supporting, the cost of medical insurance for the child, and the child’s extracurricular or activity expenses.
It is very important that you hire an attorney who is knowledgeable concerning the new child support guidelines and worksheets. We can also help you if the non-custodial parent is not paying child support as ordered by the court. Child support is a right that belongs to your child, and that child deserves to receive that monetary support from the other parent.
Post-Judgment Modifications
If there has been a material change in circumstances affecting your finances, your ex-spouse’s finances, or your child’s needs since the time of an order which set child support, then you may be able to return to court for a child support modification. In addition, if there has been a material change in circumstances that affects the welfare and best interest of your child, then a modification of custody or visitation may also be in order.
We, as well as the courts, understand that circumstances change over time. If you feel that your prior child support or custody order is ripe for a modification, call us to discuss your options.
Prenuptial Agreements
A prenuptial agreement is a legally enforceable contract entered into by two parties prior to their marriage. The prenuptial agreement sets out certain terms that will be followed should the marriage result in a divorce. These agreements can provide for a number of things like the amount of alimony a spouse will receive upon divorce and how any property acquired during the marriage will be divided in the event of a divorce. However, any terms that deal with child custody or child support are absolutely unenforceable.
There are also several technical requirements that must be met in order for the agreement to be held enforceable, such as the requirement that each party make a full disclosure of his or her financial condition. Ms. Ruff is very familiar with these requirements and will work diligently to ensure that the agreement will pass muster in court.
If you would like to have a prenuptial agreement drafted, or you have been presented with a proposed prenuptial agreement by a future spouse, please call so that we can discuss your options. Remember that the two parties to a prenuptial agreement should always have separate attorneys review the document before signing!
