How to find the top family law attorneys in Atlanta, GA
Looking for the best divorce and family law attorneys in Atlanta? Start here. We’ve filmed interviews with a list of the top lawyers in Atlanta based on four key criteria:
- These lawyers are recognized by their peers and reputable rating services as being among the top family law attorneys in Atlanta.
- Each lawyer we interviewed focuses their practice in the area of divorce and family law.
- Each lawyer has years of dedicated experience in the area of family law.
- Each holds a leadership positions in their firms.
To help you make an informed choice, we filmed exclusive interviews with each of these top lawyers. In these interviews, we dive deep into their practices, exploring their expertise in various areas of personal injury law. We also asked them the types of questions you’d likely have if you were considering them to handle your case. Watch their videos to learn about divorce, custody and support and Georgia.
Child Custody and Visitation Attorney in Atlanta, Georgia
Regina I. Edwards - Edwards Family Law
Child Custody Disputes: How do Georgia courts decide issues of child custody?
Atlanta, GA family law attorney Regina I. Edwards talks about how to decide custody of a child when parents are separated. She explains that in Georgia, custody disputes are guided by specific laws that outline how courts should make custody determinations. The primary consideration in these cases is the best interest of the children involved. To determine what is in their best interest, the court takes into account various factors.
These factors include the income of the parties, any mental or drug-related issues, the ability to provide a loving and nurturing environment, and the willingness of each parent to facilitate a positive relationship between the children and the other parent. The court carefully considers all these factors before making a decision that it believes is in the best interest of the children.
It’s important to recognize that what you believe is best for your children may not align with the judge’s perspective. Therefore, it is crucial for you to carefully consider your desired outcomes and how you envision your family’s future. If you and the other parent can reach an agreement, it is generally preferable to leaving the decision solely in the hands of a judge who is unfamiliar with your family dynamics. By reaching an agreement, you retain more control over shaping your and your children’s lives for the next 18 years.
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Well, in Georgia the law really directs courts on how to decide custody disputes. So we have a law with a variety of factors that the court has to take into consideration when determining what is in the best interest of the children.
So overall, the overriding standard is what is in the best interest of the children. So in order to figure that out there’s a lot of factors. What are the incomes of the parties? Does one party have a mental issue? Does one party have a drug issue? Who can provide a caring, loving environment? Who is the parent more willing to make sure the other parent has a good relationship with the children? There’s many factors that the court has to take into consideration and once the court takes all those factors into consideration then they make a decision that they feel is in the best interest of the children.
And, of course, it’s important to note that what you think is best for your children the judge might not think is in the best interest of your children. So it’s really important for you to really think about what you want for your children and how you want your life to look. And if you can reach an agreement that usually is better than leaving it in the hands of a judge who you have never met in your life to determine you and your family’s future for the next 18 years.
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Divorce Attorney in Covington, Georgia
Stephen Coxen - Coxen & Worthington, LLC
The Divorce Process: How long does a divorce take in Georgia?
Covington, GA family law attorney Stephen Coxen talks about how long the process of a divorce can usually take. He explains that in Georgia, once a divorce complaint is filed, the respondent has 30 days to respond. If everything goes smoothly, a divorce can be finalized in as little as 45 days after the defendant is served. However, the process often takes longer due to factors like the discovery process (information exchange between parties), mediation attempts, and, if children are involved, custody disputes that may require a guardian ad litem. These factors can complicate and delay the process, making it take significantly longer in more complex cases.
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Alimony and Spousal Maintenance Attorney in Atlanta, Georgia
Judith Delus Montgomery - Atlanta Family & Immigration Law
Alimony: When is a spouse entitles to alimony? If awarded, how long is it typically paid?
Atlanta, GA family law attorney Judith Delus Montgomery discusses how alimony works. In the context of alimony, the courts focus on identifying income disparities between parties involved. Often, one party, typically a stay-at-home parent, has made a conscious decision to prioritize family over personal career aspirations or educational pursuits. The courts consider this commitment seriously, especially when there is a mutual agreement between the parties regarding such arrangements. Agreements made by the parties are typically honored by the courts.
The party with a higher income, often referred to as the breadwinner, is not permitted to abandon the other party without financial support post-divorce. Regardless of the decision to end the relationship, the financial responsibility to the dependent party persists. The courts scrutinize the income discrepancy to ensure that the economically disadvantaged party is not left in a precarious financial situation.
Even in cases where both parties are employed, but there is a significant income gap, alimony may be deemed necessary. The courts consider the financial need of the dependent party and the ability of the other party to provide support. The objective is to prevent the economically weaker party from facing financial hardship after the divorce.
When evaluating alimony, the courts address two fundamental questions: Is there a legitimate need for alimony, and does the supporting party have the means to meet this need? The courts recognize that financial circumstances can vary, and the ability to pay alimony is also taken into account.
In situations where long-term marriages result in one party being a homemaker for an extended period, the courts may acknowledge the challenges the dependent party faces in reentering the workforce or obtaining necessary education. In such cases, the responsibility of the supporting party may extend indefinitely. While alimony may be subject to modification in certain circumstances, agreements often stipulate whether alimony can be periodically adjusted or if it is a lump sum arrangement. Once an agreement is signed, it may be considered a long-term commitment, with the understanding that the supporting party bears financial responsibility for the dependent party for the rest of their life, unless specific conditions, such as remarriage or significant changes in financial standing, are met.
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The way alimony works is that the courts are looking for a discrepancy in income. And so there are a lot of times where there is a stay at home parent. The parties had made a decision that one person is going to be at home and they’re going to give up whatever their educational background is, whatever their career path is. They are saying for the greater good of the family, I’m going to put that on the back burner and this is going to be my focus, and so the courts take that very seriously. When there has been an agreement made between the parties, the courts are going to adhere to that agreement.
The other party who is the breadwinner, let’s say, does not get to walk away and leave that other party without any finances. Without a way to live, without a way to pay the rent or the mortgage, or put gas in their car, or put food on the table. Just because that party has made a decision that you’re no longer with them doesn’t mean that your responsibility to them financially goes away. And so the courts are really looking at the discrepancy in income.
Or you may have too, a home where both parties are working, but one is making $30,000.00. The other person is making $130,000.00. You don’t get to leave the $30,000.00 behind and say, you know, good luck. You’re on your own. That person is going to need your assistance. They’re going to need your support to continue to maintain a household. And so that’s where alimony is going to come in. It is going to ensure that other party is not left destitute.
And so what the courts are going to look at when it relates to alimony, is there a need for it? Right. That’s the first question. And then the second question is, does that other party have an ability to pay it? Just because you’re making $30,000.00 a year, maybe your expenses exceed that. So yes, there is a need for alimony, but I’m not able to pay that alimony. And so the courts look at that too.
But when you are in a situation where folks have been married, let’s say 27 years, 30 years, and now you expect this person to now who had been a homemaker all their life to now go out and try to get into the workforce, it may not be possible. Or they may not be able to go and get that education that they need. And so at that juncture the courts are saying guess what? You’re responsible for this person for the rest of their life. Now if they remarry, or if they decide to cohabitate, or if they come in to a different financial standing in their life, then that could alter alimony.
And so there is periodic alimony, and then there is lump sum alimony. And so a lot of the orders that we draft these days as it relates to alimony will say that alimony cannot be modified. Once we’ve signed on the dotted line and we’ve made an agreement as it relates to alimony, this is going to be the alimony. We don’t care what happens to your financial standing. As you get older what we know is that now you are responsible for this person for the rest of their life. That’s what alimony looks like these days.
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Child Support Attorney in Atlanta, Georgia
Regina I. Edwards - Edwards Family Law
Child Support: What factors are used to determine child support in Georgia?
Atlanta, GA family law attorney Regina I. Edwards talks about how child support is determined between two people. She says that in Georgia, child support is determined using a child support calculator, which takes both parents’ incomes and factors in various child-related expenses, such as health insurance, life insurance, dental coverage, childcare, extracurricular activities, and more. A baseline “presumptive number” is calculated from this formula, but it can be adjusted based on specific circumstances. For example, support might increase if one parent earns significantly more, or decrease if the non-custodial parent lives out of state and incurs travel costs to visit the child. Since child support worksheets often don’t match between both parties, it’s important to have an attorney who understands the various exceptions and deviations that can be applied, and knows how to argue for the best possible outcome.
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In Georgia we use what’s called a child support calculator to determine child support. So we take both parties incomes, we put them into a formula then we look at what are the children’s expenses. Who’s paying health insurance? Who’s paying life insurance, dental insurance, childcare and childcare during the school year, childcare during the summer, extracurricular activities. Does someone have flute lessons, golf? All of that goes into the formula and then there is what’s called a presumptive number. That presumptive number means this is just the baseline number that we start with that’s the default. From there, you can go up or down based on various factors.
A reason to go up is one party makes significantly more income. A reason to go down would be the non-custodial parent lives out of state and has to actually spend money to visit the child. Those are just a few examples. So when we have child support worksheets in cases it’s almost never the case where the worksheets match from both sides so it’s really important to have an attorney that understands all of the different deviations and exceptions that can be placed into the worksheet and knows how to argue those exceptions in order to get the best result for you.
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Child Custody and Visitation Attorney in Atlanta, Georgia
Judith Delus Montgomery - Atlanta Family & Immigration Law
Child Visitation: What rights will I have to visitation?
Atlanta, GA family law attorney Judith Delus Montgomery talks about having custodial rights and where visitation ties in when deciding child support. Depending on the established custody schedule, the involved parties may have worked out arrangements such as 50/50 custody, every weekend, or every other weekend. In cases where a primary custodial parent is determined through mediation or court proceedings, the non-custodial parent retains rights to visitation. Georgia follows a standard visitation schedule, typically involving every other weekend. However, the frequency of visitation can vary based on the parents’ relationship, potentially extending to every week or adopting a schedule like four days on and three days off. The specific arrangement depends on the parties involved. Importantly, if one parent holds primary custodial rights, the other parent automatically has the right to visitation.
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Depending on what is the schedule that’s been worked out in terms of custody, is it 50/50 custody? Is it every weekend? Is it every other weekend? If there is a primary custodial parent that has been decided in the matter, either through mediation or by the courts, the other parent will always have rights to visitation. Georgia has a standard visitation schedule, which is usually every other weekend. However, depending on the relationship that the parents have, it could be every week. It could be four days on, you know, three days off. It depends on that person, but or on the parties specifically, but for sure if there is one parent that has primary custodial rights, the other parent absolutely will get visitation. That is an automatic right.
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