Tips for Creating a Divorce Settlement Agreement

In 2019, 750,000 couples filed for divorce in the US. 40-50 percent of American marriages fail due to incompatibility, parenting differences, abuse, and addiction, putting the US among the top 3 places where divorce is likely. Most people who divorce are between 25 and 39 years of age, even though an increasing number of seniors are now seeking a divorce. Georgia has a low divorce rate of 2.1 per 1000 persons, with most marriages ending after 10-11 years. More divorced men seek remarriage than women, and more divorced women seek child support payments. While divorce is not easy, it helps protect the involved parties, including the children. This post will discuss the tips for creating a divorce settlement agreement in Monroe, GA.

The divorce process in Monroe, GA

Filing for divorce in Monroe GA is not automatic. You must fulfill a few conditions for the superior court to accept your papers. For instance, either of you must have been a resident of Monroe for at least six months before the filing. Next, you should fill out the necessary divorce papers. Submit your papers to court and serve your partner with copies of the same plus the Summons through a certified server, a third party appointed by the court, marshal, or sheriff of the court. Divorce lawyers in Monroe GA can review your case and advise accordingly. However, if you do not have a lawyer, you will then obtain a case number that will act as the legal reference during the divorce process and wait for at least a month to finalize uncontested divorce cases in the State of Georgia. Call a certified divorce lawyer in Monroe GA for a free consultation on what to do to finalize your divorce petition.

Consider the basics when preparing to file for divorce in Monroe, GA

There are a few things you need to consider before you file for divorce in the state of Georgia. The easiest way to go about it is by engaging a divorce lawyer, but you can also do it yourself. However, a free consultation with a family law expert could save you a lot of emotional anguish and time.

1. Share assets and liabilities

Financial disclosure is very important in divorce filings. It helps you get a fair settlement and allows the court to make the right decision on child custody, support, and alimony payments. Generally, you will share all assets and debts acquired during the marriage, including profits from a business, investment portfolio, retirement savings, cars, real estate, electronics, and sporting equipment. The court will ask you to provide supporting documents such as tax returns form, bank statements, personal financial statements, and credit card statements during the filing. Hire the services of a family law expert to help you to protect your business, property, and financial rights during a divorce.

2. Come up with a co-parenting or visitation plan

Legally, raising children should be the responsibility of two parents. However, a parent can lose custody of their children in case of involvement in crime, neglect, abuse, and violence. If your partner is fit to be a parent, you can obtain joint custody and plan who stays with the children on which days. If they are unfit, you can decide on the days the children can visit the non-custodial parent or obtain restraining orders if your partner is a threat to the safety of the children. Call an experienced divorce attorney in Georgia for a free consultation on how to win child custody during a divorce.

3. Agree on child support and alimony payments

Divorce should not affect the children’s right to basic rights such as school fees, healthcare, good nutrition, clothing, and recreation. It is the role of the divorcing parents to agree on how to meet these needs after a divorce and ensure that their children continue enjoying a great life. In addition, the other parent is entitled to alimony based on the number of years you were married, age, health status, marital standard of living, and your partner’s financial capacity. A free consultation with a good Monroe divorce lawyer can help you get alimony payments from your spouse after divorce. If you fear losing child custody, an experienced criminal defense lawyer in Monroe, GA, can help you with the legal advice or representation you need to at least win visitation rights.

4. Take note of all the important dates in your marriage

The duration of your marriage affects a lot of things in Georgia’s divorce cases. For instance, you need to have been married for at least one year and a resident of Monroe for at least six months for the Superior Court to accept your divorce papers in Monroe GA. In addition, the length of your marriage will affect alimony settlements and distinguish between marital and separate property. You need to indicate all the important dates when filling the divorce agreement. Contact a family law attorney in Monroe GA for a free consultation before filing your divorce papers in court for a stress-free process.

Family law grounds for divorce in Georgia

In Monroe, GA, you can file for an uncontested divorce if you no longer want to stay in the marriage. However, other legal grounds for divorce in the entire State of Georgia include:

  • Impotence
  • Mental incapacitation
  • Forced marriage
  • Adultery 
  • Absent partner for at least one year
  • Imprisonment of a partner for at least two years
  • Intoxication and drug addiction
  • Abuse 
  • Marriage breakdown
  • Dissertation

Complete the divorce agreement

Once you have filled the divorce papers and discussed the agreement with your partner, go through everything to ensure that it is solid. Anybody reading the agreement should understand what it says, with no errors, typos, or room for misunderstanding. Seek the services of a certified divorce attorney who has successfully helped clients in Georgia with their divorce cases for help. The right divorce attorney can offer free consultation on how to improve your divorce agreement, proofread it for errors, or even offer legal representation in court.

Get your partner’s signature

You need to obtain your partner’s consent to process a divorce case in the state of Georgia. Given the emotional nature of divorce cases, your partner may refuse to sign the divorce papers. However, this should not break you, as there is still hope of finalizing the process without delay. Contact a local law firm for legal advice on how to handle a non-consenting spouse. HBB law firm has a team of experienced divorce lawyers who have been serving in Monroe and Madison, Georgia, for years. They will walk you through the process and ensure that you get the divorce or legal separation without hitches. Contact them on (770) 267-8988 or visit their law office in Monroe GA 30655 for all your legal needs in Georgia.

Involve a divorce attorney Monroe GA law firm for legal assistance

Common types of divorce in Georgia include DIY, where you handle it without involving any legal expert, online divorce litigation, mediation, and collaborative divorce. There are many benefits of involving a divorce attorney or family law expert in your case. For instance,

  • A divorce lawyer can help you prove personal injury in case of a violent partner, adultery, and other grounds of divorce according to the divorce law.
  • Domestic law can be complicated for the common person and having a divorce lawyer will help you decode it.
  • Divorce lawyers are familiar with local divorce law and will help you adhere to the statewide timelines for divorce.
  • Most divorce lawyers are also experts in family law and related areas of practice and are therefore capable of handling the emotional side of divorce such as counseling, child custody, child support, and alimony.

Looking for a divorce lawyer in Monroe, GA? Call HBB for a free consultation today

Hanks, Ballard & Barth, LLC, is a law firm that deals with criminal defense, including DUI. Our attorneys are also experienced in personal injury & wrongful death, family law, estate planning and probate, divorce, corporate law, and general civil litigation. 

With over 60 years of combined legal experience in family law, divorce, and related practice areas, you can be sure to be dealing with one of the best legal minds in the State of Georgia. Visit our website for a detailed profile of each of the lawyers, including the law school, attended, bar admissions, and professional association memberships. Whatever your legal needs are, we have the right people and resources to help you win. Search for HBB law firm and click any of the review pages to see what our previous clients have to say about our service. With HBB, you always win. Visit our office today.