Divorce is never easy, regardless of the circumstances. It involves emotional aspects that can make negotiations extremely complicated. If you are in the process of divorcing your spouse, you need legal assistance. It’s imperative to get professional help to protect yourself and your family. If your case involves any of the circumstances detailed below, you need to hire an aggressive divorce lawyer for women.
5 Situations to Hire an Aggressive Divorce Lawyer for Women
1. You Are a Victim of Domestic Violence
Domestic abuse is unfortunately common and, sadly, sometimes hard to prove. Women victims of domestic abuse are usually afraid of their partners and may be unable to speak for themselves. The first step to healing from domestic abuse is to remove yourself from the abusive environment and seek legal protection against your abuser.
Getting a Protective Order
According to Georgia laws, victims of domestic violence can file for a protective order, which covers them against physical harm, stalking, and threats. You must file the required paperwork to get a protective order, provide evidentiary support, and appear in multiple court hearings. Unfortunately, it’s a long process, and you need aggressive legal representation to make it progress faster.
Initially, protective orders are granted temporarily (six to twelve months), and the petitioner may file for a permanent protective order after this period.
2. You Can’t Reach a Custody Agreement
One of the most common issues arising during divorce is a disagreement regarding child custody. According to Georgia law, when deciding on custody, the court must always consider the best interest of the child and take into account factors such as:
- Parent’s home environment
- Parent’s physical and mental health
- Parent’s abilities to nurture the child
- Parent’s involvement with the child’s schooling and extracurricular activities
- Parent’s stability
The court must also consider any history of substance abuse by the parents, criminal convictions, and a history of neglect or abuse towards the child (or other children).
The Parenting Plan
Georgia Law requires parents to provide joint or separate parenting plans, which outline how they propose the child’s time to be divided, the child’s needs, and the parent’s authority regarding decisions concerning the child. This plan will help the courts determine the child’s best interest. If you cannot agree on a parenting plan, you need to contact aggressive divorce lawyers for women in Atlanta, GA.
3. You Can’t Reach an Agreement Regarding Property Separation
According to Georgia law, all property acquired before the marriage will remain in possession of the original owner. On the other hand, property and assets acquired during the marriage must be equitably divided between the two spouses. The court will decide on a “fair” division of assets, considering:
- Present and future needs of the spouses
- Each spouse’s financial status and separate property
- Behaviors of the spouses that can affect the other spouse’s financial situation (e.g., purposely wasting assets)
- Who is at fault for the divorce
4. You Can’t Reach an Agreement Regarding Child Support
Parents must offer financial assistance for the benefit of their minor children. According to Georgia Law, parents cannot waive the child’s right to receive child support. Parents must continue to pay child support until the child emancipates, gets married, reaches 18 years of age, or dies. Child support is determined during the divorce process. Still, if you are the custodial parent and your former spouse is not complying with court-ordered child support, you can demand a hearing of criminal non-support or a petition for a contempt citation.
5. You Can’t Reach an Agreement Regarding Alimony (Spousal Support)
To order alimony payments, a judge must rule that one spouse requires support, and the other can provide it. To calculate alimony, the court will consider:
- Contributions to the marriage (economic and non-economic)
- Standard of living while married
- Age, emotional and physical health, and employment status of each spouse
- Each spouse’s earning capacity, separate property, and separate debt
Usually, alimony agreements are temporary, but a judge may award permanent alimony to a victim of adultery or deny alimony to an unfaithful spouse who otherwise qualifies for it. If you are a recipient of court-ordered alimony and the other party refuses to pay, you must file a motion for enforcement or contempt in court. You should also file an activity if you discover that the other party withholds their income to avoid paying.
Why Hire an Attorney
Compliance with court rules and dates is critical during a divorce process. Your lawyer will ensure that all your paperwork is filed according to the law and will help you find the necessary evidence to prove your case in court. The presence of an attorney significantly increases your chance of a good outcome after a divorce trial.
An aggressive, experienced, and knowledgeable attorney can help you deal with complications and disagreements during a divorce process. Divorce is emotionally draining, and exceptional circumstances can make it overwhelming. Your lawyer will help you negotiate whenever possible but can also fight for you in court.
