Divorce Lawyer Gwinnett County
Effective Representation for Simple & Complex Divorces
Each divorce is as unique as the individuals involved. At Crawford and Boyle, LLC, our divorce lawyers represent clients in uncontested and contested divorce cases in Georgia. We have the legal knowledge, skill, and experience to handle everything from simple amicable divorces to complicated and highly contentious situations.
If you are contemplating divorce or your spouse has already filed, call (678) 680-5000 or contact us online to discuss your divorce with our attorneys.
What is an Uncontested Divorce?
Uncontested divorce is possible for couples who agree on the basic issues surrounding divorce, including property division, child custody and support, and spousal support. There are a few advantages to uncontested divorce, including saving time, reducing conflict, and lowering costs, since there are fewer proceedings and less time involved. If there is any disagreement, this type of divorce will not be possible.
Uncontested divorces can be particularly beneficial for preserving amicable relationships, which is especially important when children are involved. Without the stress of court proceedings, couples can focus on creating effective co-parenting arrangements. Additionally, the predictability of outcomes in uncontested divorces offers emotional relief and financial predictability, allowing both parties to transition smoothly into the next phases of their lives. Understanding the nuanced implications of an uncontested divorce is pivotal, and this is where professional guidance from Crawford and Boyle, LLC can make a significant difference.
What is a Contested Divorce?
A contested divorce becomes necessary when the parties are unable to agree on the major issues that must be decided in a divorce. This type of divorce is more common, requires more time, and is more expensive than an uncontested divorce. The adverse positions of the spouses make it impossible to come to an agreement, and these cases can become quite contentious. The court will make the final determination regarding the issues.
In a contested divorce, there are often multiple court hearings and much negotiation before reaching a settlement or a court-enforced decision. Crawford and Boyle, LLC is committed to supporting our clients through this challenging process, leveraging our legal understanding and local insights to best represent our clients’ interests. Contested divorces can also have long-term impacts on mental and emotional well-being. Therefore, having an informed legal strategy and emotional support mechanisms is paramount for anyone going through such a complex process.
In a contested divorce, the court will make the final decisions regarding:
- Custody of the children
- Visitation
- Child support
- Spousal support
- Property division
Our divorce attorneys work to make the best possible case for our clients starting with gathering information in discovery, which involves subpoenas, depositions, interrogatories, and other methods. Each case is unique, and we listen to your goals, assess your situation, and prepare a customized and detailed plan for every client.
Supporting You Through Child Support
Child support is a critical component of family law that aims to ensure children continue receiving the financial support they need for housing, education, and everyday expenses. The guidelines for establishing child support obligations consider several factors, including both parents’ incomes, healthcare costs, and children’s educational needs. Our team at Crawford and Boyle, LLC is committed to helping clients understand these guidelines and how they apply to their specific situations.
For many parents, understanding their rights and obligations regarding child support can be daunting. We offer consultations to discuss the specifics of Georgia’s child support laws and how they are applied. Our child support attorneys offer personalized attention to detail and are ready to aid clients in both establishing initial support orders and modifying existing ones if circumstances change. Our approach is designed not only to comply with the law but also to ensure fairness and uphold the best interests of the child.
Local Insights on Family Divorce
At Crawford and Boyle, LLC, we acknowledge that family divorce can be a challenging and emotionally charged experience. Our local knowledge and expertise enable us to provide tailored legal support that addresses the unique needs of our community.
One of the common pain points for families is the emotional and financial strain that comes with contested divorces. Disagreements over child custody, property division, and spousal support can lead to prolonged legal battles, stressing an already difficult situation. Our team is dedicated to alleviating these burdens by providing compassionate and strategic legal guidance.
We also recognize the importance of community resources in supporting families through divorce. Local organizations, such as the Family Support Services, offer valuable support services to help you and your family navigate this challenging time. By leveraging these resources and our legal expertise, we aim to provide a comprehensive support system for our clients.
Whether you are considering an uncontested or contested divorce, Crawford and Boyle, LLC is here to help you every step of the way. Our deep understanding ensures we can address your specific needs and work towards a resolution in your best interest.
What to Know When Considering a Georgia Divorce
Georgia is a state that has no-fault divorce. This means you don’t have to have a reason to get divorced, just the desire to be divorced. That starts by filing a lawsuit in the jurisdiction or the county in which the other party resides. You file that with the courthouse, the sheriff serves the other party with the paperwork, and then they have 30 days to respond to it.
During that time, you can ask the court for what’s called a Temporary Hearing, which is a hearing to determine what the status quo is going to be while the divorce is pending:
- Who gets to live in the house?
- Who gets custody of the kids on a temporary basis?
- Who pays child support?
- Who is responsible for paying what bills?
This gets set in place at the beginning of the case and remains with the case until you get to a final hearing.
At any time, you can go back and modify the temporary order. You’re going to have multiple temporary orders as things change, people move, or kids change schools. Between a temporary hearing and the final hearing, what you’re really trying to do is see what can be resolved in the case. You’re going through discovery, which means asking the other party questions about what bank accounts and debts they have. Both parties do this through their attorneys.
If there are children involved, you have to make determinations about child custody, visitation, and child support:
- Where are the children going to be living?
- When does the other party get the opportunity to see them?
- How many months does the other party pay child support?
In Georgia, if there is an issue in terms of if the parties are in dispute about who’s going to get to be the primary physical custodian of the children, the court will appoint a Guardian Ad Litem.
What is a Guardian Ad Litem?
This is a third lawyer that both parties split the cost of, whose job is to represent the best interest of the children. That person will interview both parents, go to their houses, talk to teachers, and then come back to the court and make a recommendation about what that guardian feels is the best interest of the children. Then you present that information at a final hearing or at trial. The judge makes the determination of the custody, and if the parties can’t agree as far as how to split the property, essentially the debts and assets of the parties, then a judge or a jury can make that determination.
Should You File For Divorce Before Your Spouse?
There can be a benefit to filing for divorce before your spouse does. If it’s a situation where the parties have already split up and are living in different residences, if they’re in different counties, then you have to file in the county in which the other party is in. It can make a difference in terms of picking the jurisdiction—if one jurisdiction or judge is more favorable for the case, you’d want to try to get the case filed in that county. It depends a little bit on the residence, so you do get to control that part of it if you are the party that files for the divorce.
In addition, if you are going to be the one who is filing, you get to control the timing, in terms of when the court process actually begins, and you can certainly make some financial decisions ahead of time to control the other party’s ability to harm you while the case is pending.
Before filing for divorce make sure to take care of the following details so that once the divorce paperwork is served, you don’t suddenly have all of your bank accounts drained by the other party:
- Closing joint accounts
- Closing off credit cards
- Making sure you have enough financial resources in separate bank accounts that the other spouse can’t touch
Can a Lawyer Represent Both Parties In A Divorce?
In the simplest of divorce cases, where you’ve got two people who are married and don’t really have any marital property, and they haven’t really acquired anything, you can get one attorney to prepare the paperwork for an uncontested divorce. However, that attorney can only represent one party in that divorce. This means that while both married persons may be meeting with the same lawyer, that lawyer only has the interest of one person that they’re trying to protect. They may provide information to the other party, but they’re not actually trying to protect their interest.
In light of this, I always encourage both sides to have an attorney. I can only represent one side of the case. You can’t have one attorney representing both parties, it’s a violation of the bar rules. It’s unethical for the attorney to do so, and it’s always best for both parties to get their own independent legal advice to do what’s best for them.
Guiding You with Custody Agreements
Custody arrangements can be one of the most contentious aspects of a divorce, often requiring careful negotiation and planning to ensure the needs and interests of the children are prioritized. Custody decisions are based on the best interests of the child, which include factors like the child’s relationship with each parent, the emotional and physical well-being of the child, and the ability of each parent to provide for the child.
At Crawford and Boyle, LLC, we offer in-depth consultations to address the specific dynamics of your family. Our team diligently gathers relevant information and works to form a comprehensive plan that addresses both present needs and future adjustments. With experience in local court systems and a compassionate approach, we strive to mediate and negotiate terms that are suitable for all involved, minimizing conflict and focusing on a balanced solution.
Our firm collects a nominal fee for divorce and child custody consultations. Contact our firm by telephone at (678) 680-5000 to discuss your divorce with an experienced divorce and family law attorney.