Sandy Springs Divorce Lawyer
The decision to divorce your spouse rarely comes instantaneously. It is often the culmination of many factors, and there are many circumstances that can lead a couple to seek a divorce. Sometimes both spouses agree that it is time to end their marriage, while other times the decision is one-sided. Regardless of your situation, divorce can be a stressful and emotionally-charged process.
Fortunately, with a knowledgeable divorce lawyer on your side, you can rest easier knowing you have experienced counsel to protect your rights and your best interests. The Sandy Springs divorce attorneys at Kessler & Solomiany, LLC have decades of experience helping people like you navigate the challenging process of divorce and move on to a brighter, more positive future. We will take the time to listen to your needs and values in order to achieve the best possible outcome for you and those you love.
Contact Kessler & Solomiany, LLC at (404) 688-8810 to schedule an initial consultation.
Why You Need A Lawyer
Divorce is a complicated process. There are deadlines to meet, legal requirements to fulfill, and a wide variety of personal situations that can further complicate the divorce process.
Even if you initially think that your case is simple enough to handle without a lawyer, you may regret that decision as you move through the process. Going through a divorce often brings out the worst in people, leaving you vulnerable to unexpected problems.
There are many factors to consider throughout the divorce process, such as how to divide assets, child custody decisions, and whether either spouse will owe child support or alimony. The entire process can take months or even years, but an experienced attorney will help you from start to finish.
Why Choose Us?
We understand the legal complexities of divorce and will ensure that everything is done correctly and in a timely manner. This time in your life can be filled with frustration and uncertainty. We seek to truly get to know our clients in order to meet your family’s current and future personal and financial needs.
We are a firm of 14 lawyers that have diverse experience in every area of family law. Attorneys Marvin Solomiany and Randall Kessler have been recognized among the 2020 Top 100 Lawyers in Georgia by Super Lawyers, and several of our other attorneys have received Super Lawyers recognition in 2020.
Grounds for Divorce
There are 13 acceptable grounds for divorce listed in the Official Code of Georgia Annotated § 19-5-3. They include:
- Cruel treatment
- Intermarriage by people with prohibited degrees of kinship
- Mental incapacity at the time of marriage
- Impotency at the time of marriage
- Pregnancy that is unknown to the husband at the time of marriage by another person
- Habitual intoxication
- Habitual drug addition
- Incurable mental illness
- Force, menace, duress, or fraud in obtaining the marriage
- Conviction of a crime of moral turpitude that results in a prison sentence of more than two years
The thirteenth ground for divorce under Georgia law is to file for a “no-fault” divorce. To obtain a no-fault divorce, one spouse must simply state that they believe the marriage to be “irretrievably broken.” A majority of divorces in Georgia are no-fault divorces.
The Divorce Process
Each couple’s divorce process will be slightly different depending on their circumstances. In general, it involves the following steps:
- File an official complaint
- Request a temporary order (if needed)
- Complaint is served
- Spouse responds to the complaint
- Negotiate a settlement
- Sign the judgment of divorce
If the divorce is uncontested, the divorce can be finalized in as little as 31 days after the complaint is served, although it may be a bit longer depending on the judge’s schedule. If the divorce is contested, however, the whole process can take anywhere from six months to several years to finalize.
There are four major issues that, if applicable, every divorcing couple must agree upon. These issues are:
- Child Custody – It is important to decide if one parent will have primary custody or if both parents will have joint custody. Additionally, you must decide how visitation will work, as well as vacations, holidays, and other deviations from the regular schedule.
- Child Support – Both parents are responsible for the financial support and physical care of their children. You will need to determine which parent will pay child support, the amount owed, and how often the payment will be made.
- Alimony – The court will consider many factors to determine alimony, including the length of time you have been married, the age and health of the spouse seeking alimony, the ability of that spouse to be employed, and other factors. Alimony could be granted as a short-term, long-term, or lump sum payment.
- Division of Assets and Liabilities – You must decide how to divide your savings and investments, home and other real estate, businesses, and any other applicable resources, as well as your debts. You cannot modify how assets are divided once it is settled in court, so it is essential that you analyze every detail of this decision.
These are complicated issues to agree upon when emotions may already be running high. The decisions you make in this process will affect you and your family for many years, especially if you have children. Our attorneys will help you carefully consider each detail so you can confidently make the right decisions for your family.
Contested Vs. Uncontested Divorce
In an uncontested divorce, both spouses agree on how they will handle the four key issues mentioned above. Naturally, couples without children or complicated assets are more likely to have an uncontested divorce. Even if you seem to agree on these issues, it is a good idea to seek legal counsel to make sure you address them in detail to avoid unpleasant surprises down the road.
A contested divorce occurs when the spouses cannot agree on one or more of these key issues. Couples may need to go through settlement agreements, mediation, case evaluations, or other processes. If you still cannot agree, going to trial is usually the last resort. A contested divorce typically takes longer and is also more expensive.
Contact A Sandy Springs Divorce Lawyer
If you are preparing for a divorce, you need an attorney who is experienced and compassionate. The attorneys at Kessler & Solomiany, LLC will help you understand your options so you can make informed decisions. We will stand by your side and help you secure your fair share of the assets, a reasonable arrangement for your children, and anything else that is important to you.
Our office is conveniently located in the North Buckhead / Sandy Springs region of Atlanta.
North Buckhead / Sandy Springs Office:
267 W Wieuca Rd NE #203
Atlanta, GA 30342
Phone: (404) 480-8894
During the COVID-19 pandemic, we will continue to provide our high-quality services to current and new clients and offer online consultations. Contact Kessler & Solomiany, LLC today to schedule your initial consultation. We’re here to help.