Divorce

Hannah C. Pelham, P.C., Attorney at Law, practices exclusively in the area of family law, representing clients throughout the greater metro-Atlanta, Georgia area, including Gwinnett County, Lawrenceville and Braselton, in divorce proceedings and related matters. Divorce is a stressful time in people's lives, often creating feelings of uncertainty and financial worries. Firm principal Hannah C. Pelham helps clients through the divorce process, making sure that their financial interests and rights are protected.

Types of Divorce

There are two types of divorce proceedings, uncontested and contested.  In an uncontested divorce, the parties are able to come to an agreement on how to resolve all issues involved in the dissolution of the marriage, including property division and alimony, and if children are involved, child custody and child support issues.  Even though the parties may be able to agree on all of these issues, it is important that each side seeks the advice of an experienced family law attorney to ensure that his or her interests are adequately protected, that all necessary issues have been addressed and agreed upon, and to facilitate the court's approval of the parties' agreement. Courts must issue a final divorce decree for the dissolution to be completed, and must approve all agreements regarding child custody and support to ensure that they are in the best interests of the child.

In a contested divorce, one or both parties are unwilling or unable to agree upon all of the issues that arise in the course of dissolving the marriage.  Contested issues can be litigated before a judge, and sometimes a jury, allowing each side to present testimony and documentary evidence to support his or her arguments as to the proper resolution of each issue.  Ms. Pelham is dedicated to protecting her clients' rights and spends the time necessary to investigate the other spouse's financial information and whether there is evidence of behavior that would constitute marital fault.

No-Fault vs. Fault

In Georgia, there are many grounds for divorce, including that the marriage is "irrevocably broken."  A divorce based on this ground is usually referred to as a "no-fault" divorce.  There are also grounds based on marital fault, including adultery, habitual intoxication, habitual drug addiction, and desertion by either of the parties for at least one year.  Martial fault becomes an issue in certain circumstances, such as where the party seeking alimony deserted the other spouse or committed adultery.  Even where a party's behavior constitutes marital fault, there are important defenses to this behavior which may negate their effects, including comparable behavior on the part of the other party or that the other spouse voluntarily condoned the behavior  or cohabitated with the at-fault spouse after the fact.  Accordingly, representation by experienced legal counsel is essential to protecting property, alimony and other important rights.

In addition to the topics discussed above, there are numerous other important laws that parties involved in a divorce need to be aware of, including: laws that govern the parties' ability to transfer property after divorce proceedings have been initiated; laws that allow a party served with divorce papers to contest issues alleged; and laws that allow a court to issue temporary orders regarding child custody, child support, and alimony.

For a complimentary telephone consultation with an experienced Georgia family law attorney, contact Hannah C. Pelham, P.C., Attorney at Law.