To clarify information about questions I have been asked about divorces in GeorgiaI want to answer some questions you have. the Hispanic community in Atlanta. What am I entitled to if I want to get divorced?
What rights do the parties have in a divorce?
It must be taken into account that the division of the parts is done equitably. It is not always 50-50%. Either way, the division of the two parties must be done fairly. In Hispanic culture, generally, it is the man who works and the woman stays at home taking care of the children.
At the time of separation, the judge analyzes the case in question, but, although the husband is in charge of everything, from the accounts to the care of the properties, the first thing the judge will take into account will be the income. The ability to produce money for each party is essential.
The length of time the marriage takes is also important. When a union has been together for a short time, it is not the same as one that has been together for several years. The age of the couple is important. Two adults of sixty are not the same as two adults of twenty. Likewise, for couples with children there are differences regarding which party gets the house and custody of the children. In that case, the judge may dictate who gets the house and custody, depending on the situation. Pension benefits, in the case of older couples, will be a point for the judge to study.
What can you ask the judge to divide?
The moment property is acquired during the marriage, it will enter into divorce. There are exceptions such as inheritances, which may or may not be included in the divorce, depending on whether one of the parties wants to do so. The judge has no interdiction in this. In one case or another, the judge will be able to rule what and how much to divide. All objects and actions and accounts will come into litigation at the time of divorce. The assets that are acquired during the marriage will be divided in the liquidation of the marital partnership.
Debts are also part of the process.
The cause and origin of the debts enter into the litigation. Credit card and tax debts are usually one of the most common debts at the time of a divorce. Marriage is a division of a conjugal partnership. If there are properties in their countries of origin, it is advisable that they seek advice on this matter to know what to do in this process, since interference and knowledge of the laws of a foreign country do not fall into the obligations of the judge in the United States.
50-50% will not always be a way to do the division of assets.
Each process is different from another. In many cases the big question is what am I really entitled to? Each case is analyzed through a report, in the event that money transfers have been made during the marriage. There is a Discovery period at the beginning of the divorce, which lasts six months and in which a lump sum is made of all the money that has been related to the marital partnership.
This period allows us to know all the movements and expenses of the marital partnership. The law allows tools to know all the information about the expenses and income that occurred during the period of the union. It is necessary to justify the money to be able to claim its return in the divorce process. The illegal status means that economic transactions are made in cash, so there are no records of such money movements.
The judge will do what seems most fair.
The parties must sit down to negotiate, but given the circumstances it is complicated and difficult for the members of the union to sit down to settle their differences. Usually things get worse when it comes to getting a divorce, instead of better. If possible, it is better to negotiate and avoid a lawsuit. Divorce not only involves dividing property but also children.
You have to find what will be best for them, above all. Custody and visitation planning is essential for a divorce. Schedules, expenses, time, etc., for the children are also established. So it is necessary to take into account all factors when there are minors in a marriage. The law does not require having a lawyer, but this is, more than convenient, necessary. Up to the age of eighteen, there is potential for conflict if there are children within the marriage.
Custody and visitation involve various nuances and responsibilities.
It is important to watch our videos on Chance Support, to complement your knowledge about what is important in a divorce. Chance Support is calculated on two factors: the parties' salary and the age of the children. According to the activities, the type of school, medical treatment, competitions, ballet, scholarships, etc. These charges must be taken into account when processing.
Many women wonder if they have the right to maintenance.
Alimony has to do with this right to be able to survive and reintegrate into the workforce; It is a kind of compensation for the years of sacrifice for the benefit of the family. Housework is decent, but it has disadvantages for the party in charge of it, since they do not have money for this type of occupation. There is no value for Alimony, this will depend on the economic capacity of the parties, the length of marriage, etc. It is not a fixed rule. There are many factors.
In Georgia, if there is adultery, it is highly unlikely that the judge will authorize alimony for the party who committed it.
Everything is relative.
It is always necessary to seek advice from a lawyer to be able to work out what can and cannot be done. In the event that the divorce is based on adultery, it is necessary to compare evidence that is not circumstantial. The lawyer will be our right hand to be able to face the process. To file a divorce, it is necessary to know whether the accounts are common or not. That is why you must first start seeking advice from divorce lawyers in Atlanta.
If there is drug or alcohol abuse, this will have repercussions at the time of the process and the judge's final ruling. Therefore, we invite you to call us at our office or send us an email for everything that has to do with Divorce Lawyers in Atlanta.