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Marietta Family Law Attorneys
Dealing with family law issues is physically, mentally, and emotionally demanding and exhausting. During this challenging transitional time in your life, you do not have to face these difficulties alone.
The Marietta family law attorneys at Vayman & Teitelbaum, P.C. are here to provide you with valuable support and advice. As your legal counsel, we are here during every aspect of your case from the divorce trial to the settlement of child support and custody, and with any other aspects of family law that you may require.
While one of our most common family law needs, Vayman & Teitelbaum, P.C. understands that divorce is an unexpected event in your life. No one begins a marriage expecting it to end. We will ensure that you are ready to face the new chapter of your life by making sure that you close the current one correctly.
The lawyers at Vayman & Teitelbaum, P.C. will help you navigate the complex legal processes of the Marietta Family Law. You will experience frustrations and challenges, and we are here to guide you through overcoming each one. Our years of family law experience and expertise ensures that you have all the knowledge and answers to any questions and uncertainties that you may have.
Call the Vayman & Teitelbaum, P.C. at (678) 504-8411 for a Case Evaluation with our Experienced Divorce Lawyers.
Expert Family Law Firm in Marietta
The compassionate lawyers at Vayman & Teitelbaum, P.C. are dedicated to delivering the best legal representation during this trying time in your life. We know that you are questioning what your future will be like, which can be very stressful. Divorce, child custody, child support, and father’s rights are all emotionally charged issues, which can make it very challenging to look at the facts of the case objectively. We help you understand the full picture, what your options are, and develop a strategy to help you accomplish your goals with your family law case.
We relieve your worries by providing the resources and the support that you need to both understand and make smart choices throughout the family law process. Our goal is to alleviate your stress. We support you with every legal aspect of your family life, from restructuring during divorce to maintaining a healthy, loving relationship with your children. If you are looking for a dedicated, compassionate Marietta Family Law Attorney, look no further than Vayman & Teitelbaum, P.C..
Divorce Attorneys
Divorce is a complicated legal process which involves more than the couple involved. The entire process is full of frustrations and unpleasant surprises for anyone who is not familiar with it. Moreover, the mental and emotional upheaval brought by the significant change in everybody’s life can bring considerable stress to anyone.
Familiarizing yourself with the divorce process in Marietta will help alleviate some of your worries. Understanding each step will allow you to prepare with the help of the experts at Vayman & Teitelbaum, P.C.. While each divorce case is unique, most follow this general timeline:
- Initiating the Divorce Process – one of the spouses hires a lawyer and develops a petition or complaint outlining the reasons for the divorce and how he/she wants to settle custody, finances, and other related issues.
- Filing and Serving the Petition – the complaint is presented to the court and we will make sure that it is served on the other spouse. Also included is a summons which requires a response.
- Receiving the Answer to the Complaint – the other spouse has a certain amount of time to submit a response. The spouse’s response should outline how he/she would prefer to deal with various divorce decisions. The court will assume that the other spouse agrees to the terms in the complaint in cases it doesn’t receive any response.
- Exchange of Documents and Initiation of Property Division – the couple will exchange relevant documents and information pertaining to property and income. Thus, the court will decide how to divide the property and how child support and alimony should be.
- Mediation or Settlement – in cases where couples voluntarily agree and resolve all issues through settlement or mediation the divorce agreement is then presented to the judge at an informal hearing where he will confirm if both parties understand and agree with the settlement.
- Court Approval for Any Settlement Agreement – a divorce decree will be approved where all the agreements are outlined. If the couple cannot reach an agreement or the court does not approve, the case will proceed to trial.
- Divorce Trial – attorneys of both parties will present arguments and evidence for each side. The court will decide all unresolved issues such as child custody, child support, alimony, and property division.
The divorce process is long and frustrating, but with the best divorce and family lawyers at Vayman & Teitelbaum, P.C. guide you through each process. We will be there at your side to ensure that you have your fair say in each decision.
Child Custody Attorneys
Child custody is a long and very stressful process for the children involved. In cases where the parties cannot agree on a decision in terms of child custody, the court prioritizes the well-being and best interests of the child.
According to the 2010 Marietta Code on Child Custody Proceedings the state will determine what will be the best decision with the happiness and welfare of the child in mind. It is based on various factors including, but not limited to:
- The existing emotional ties and relationship between the parents and the child.
- The existing emotional ties between the child and his/her siblings.
- The ability of each parent to give the child guidance, affection, and love. Also including the ability of each parent to continue the rearing and education of the child.
- The parent’s familiarity and knowledge of the child and his/her needs.
- The capacity of each parent to provide food, clothing, medical care, daily needs, and other basic care to the child.
- Each parent’s home environment including its safety and promotion of nurturance.
- The significance of the continuity in the child’s life including a stable and satisfactory environment.
- The family unit of each parent including support systems within the community to benefit the child.
- Each parent’s physical and mental health.
- Involvement in the child’s social, extracurricular, and educational activities.
- Past and future performance in terms of parenting responsibilities.
- Relevant records of the child such as home, school, and community. Also including any health or special needs of the child.
If the child is of age 14, he/she may elect which parent shall serve as his/her physical custodian. Unless the court determines that the parent as the custodian is not to be in the best interest of the child.
Other factors in consideration also include physical abuse, alcohol, and substance abuse, co-parenting, moving, parental employment, and parental alienation.
Child Support Attorneys
In the state of Marietta, it is the responsibility of both parents to provide for the education, maintenance, and protection of their children. The court ensures that both parents continue their duties for the child. Child support typically involves payments made to the custodial parent by the non-custodial parent.
Usually, child support is paid monthly or bi-monthly until the child reaches maturity. Moreover, child support cannot be waived by either the paying or receiving parent as it belongs to the child.
Child support is determined through complex computation either through the agreement of both parties or a dispute to the jury or the judge. The computation involved comparing each parent’s income and the unique needs of the child.
Father’s Rights Attorneys
The state of Marietta applies the best interest of the child standards which gives equal opportunity for the father or the mother to gain custody of the child. However, Marietta law also distinguishes between a legally recognized father and a biological father. This means the marriage (or absence of marriage) play a significant factor in determining the father’s rights to the custody of his child or children.
Being the father of a child from an unmarried mother, or a mother married to another man is complicated in terms of child custody. If you want to have the rights and responsibilities associated with fatherhood, you must take the necessary steps to prove your paternity as soon as possible. While there is no set time for the court to recognize your paternal rights, the earlier you can assert your rights will give you a better chance of having a life with your child.
Filing of legitimation is the process of legally recognizing a biological father which allows him to establish a legal relationship with the child. This relationship involves potential custody and support along with various relative responsibilities as a parent to the child.
If both you and the mother agree and consent to the legitimation, you will both voluntary acknowledge the legitimation through the completion of the Acknowledgement of Legitimation form. However, if there is a disagreement to the legitimation or in cases when you are uncertain whether the mother will consent, you can file a petition to the court.
The court will initiate a legitimation proceeding where the judge will hear and weigh both parents in order to determine if the legitimation is appropriate. The court will carefully evaluate whether you as a father may be a fit parent. Remember that the state of Marietta will prioritize the best interest of the child.
Vayman & Teitelbaum, P.C. understands the love of a father to his children. We are committed to giving you a fighting chance to be a part of your child’s life. Our family law attorneys will be at your side to assist you in understanding and preparing for the legal process and potential custody battle so you can maintain being a part of your child’s life.
Frequently Asked Questions
In Marietta, the legal requirements for divorce include having at least one spouse meet the residency requirement of residing in the state for six months prior to filing. Grounds for divorce can be either "no-fault," based on the marriage being irretrievably broken, or fault-based, such as adultery, desertion, or cruelty. The divorce process involves filing a Petition for Divorce in the Superior Court of the county where either spouse resides, serving the petition to the other spouse, and addressing issues like property division, child custody, and support. If the parties cannot reach an agreement, the case may proceed to trial, where a judge will make final decisions on contested matters.
In Marietta, child custody decisions are based on the best interests of the child. Factors considered include each parent's ability to address the child's physical, emotional, and developmental needs, the existing relationship between the child and each parent, the stability of each parent's home environment, and any history of domestic violence or substance abuse. The child's preferences may also be taken into account if they are considered mature enough to express them. The court's goal is to establish a custody arrangement that supports the child's well-being and ensures their physical and emotional security.
In Marietta, child support payments are calculated based on several factors, including each parent's income, the number of children, the time each parent spends with the children, and costs related to healthcare and education. The court also considers any special needs of the children and the standard of living the child would have experienced if the parents had stayed together. These factors help determine a fair and appropriate amount of child support, ensuring that the children’s needs are met while taking into account the financial circumstances of both parents.
Yes, I can help explain paternity cases and establishing parental rights. Paternity cases often involve determining the legal father of a child, which can be established either voluntarily through acknowledgment or involuntarily through genetic testing. Establishing parental rights involves securing custody, visitation, and decision-making authority for a parent. This process ensures that both parents meet their legal responsibilities and rights concerning the child's upbringing, including financial support and participation in key decisions impacting the child's welfare.
In Marietta, the process for adopting a child involves several steps. First, prospective adoptive parents must meet eligibility requirements, including background checks, home studies, and training. They then file a petition for adoption in the appropriate court, which may require consent from the biological parents or termination of parental rights if necessary. After a court hearing finalizes the adoption, the child legally becomes part of the adoptive family, with all rights and responsibilities transferred accordingly. The process can differ depending on whether the adoption is domestic or international, and whether it is through an agency, private arrangement, or the foster care system.
To modify existing family court orders, such as child custody or support, in Marietta, you generally need to show a significant change in circumstances since the original order was issued. This might include changes in the child's needs, a parent's relocation, or shifts in financial circumstances. Begin by filing a petition with the court that details the reasons for the modification and includes supporting evidence. The court will review the petition, and if it finds sufficient grounds, it may schedule a hearing where both parties can present their arguments. If the court approves the modification, it will issue a new order that reflects the updated circumstances and the best interests of the child.
The primary difference between mediation and litigation in family law cases is their approach to resolving disputes. Mediation uses a neutral third-party mediator to facilitate negotiations between the parties, aiming to reach a mutually agreeable solution outside of court. This process emphasizes cooperation and allows the parties more control over the outcome, while striving to preserve relationships. In contrast, litigation involves resolving disputes through the court system, where each party presents their case to a judge who makes decisions based on the law and the evidence provided. Litigation is typically more adversarial, formal, and time-consuming compared to the collaborative and voluntary nature of mediation.
The costs and fees associated with family law cases can vary significantly based on the complexity of the case and the legal services needed. Attorneys generally charge hourly rates ranging from $150 to $500 or more, depending on their experience and location. Additional expenses may include court filing fees, fees for process servers or mediators, and costs for obtaining expert opinions or evidence. Contested cases that proceed to trial are typically more expensive due to the extensive preparation, court appearances, and legal fees involved. It is advisable for parties in family law cases to discuss potential costs with their attorney upfront and consider alternative dispute resolution methods, such as mediation, to potentially reduce expenses.
The timeline for resolving a divorce or family law case in Marietta can vary widely based on factors such as case complexity, whether it is contested or uncontested, and court scheduling. An uncontested divorce, where all terms are agreed upon by the parties, can often be finalized relatively quickly, typically within a few months. In contrast, contested cases involving disputes over property division, child custody, or support can take significantly longer, often spanning several months to over a year. Mediation, negotiations, discovery, and court availability can all impact the timeline. It is advisable to consult with an attorney to obtain a realistic estimate based on the specifics of your case.
In family law cases in Marietta, a mediator serves as a neutral third party who facilitates negotiations between the parties to help them reach agreements on issues such as child custody, visitation, support, and property division. The mediator does not make decisions but helps the parties communicate effectively, explore options, and find mutually acceptable solutions. Mediation is recommended when parties are willing to collaborate and negotiate in good faith, aiming to resolve disputes outside of court. It can be especially beneficial for reducing conflict, saving time and costs, and allowing the parties more control over the outcome compared to litigation.
If you suspect your spouse is hiding assets during divorce proceedings, it's essential to act promptly to protect your interests. Begin by gathering all available financial documentation, including bank statements, tax returns, property records, and business documents. Consulting with a forensic accountant or a divorce attorney experienced in financial investigations can help uncover hidden assets. They can assist in tracing financial transactions, analyzing discrepancies, and presenting evidence to the court if needed. Acting swiftly and strategically is crucial to ensure a fair division of marital property and maintain transparency throughout the divorce process.
In Marietta, alimony or spousal support is determined by evaluating several factors, including the length of the marriage, the financial needs and resources of each spouse, the standard of living established during the marriage, and each spouse's contributions, both financial and non-financial. The court may also consider the earning capacity, education, and health of each spouse, as well as any misconduct that may have contributed to the divorce. Alimony can be either temporary or permanent, depending on the specific circumstances of the case, with the goal of providing financial support that enables the receiving spouse to maintain a lifestyle similar to that enjoyed during the marriage, if appropriate.
As a non-custodial parent in Marietta, your rights and responsibilities are defined by state family law. You generally have the right to visitation or parenting time with your child, unless a court order restricts it due to safety concerns. You also have the right to be informed about major decisions affecting your child's life, such as those related to education, healthcare, and religious upbringing. Your responsibilities include paying child support as determined by the court, based on your income and the child's needs. It’s important to follow court-ordered visitation schedules, maintain communication with your child, and foster a positive relationship with the custodial parent for the child’s well-being.
To protect your assets and interests when entering into a prenuptial or postnuptial agreement, approach the process with care and transparency. Begin by fully disclosing all assets, debts, and financial information to your partner. It is advisable for both parties to seek independent legal advice to ensure that the agreement is fair and legally enforceable. Clearly define the division of assets and responsibilities in the event of divorce or separation, including provisions for property division, spousal support, and other relevant matters. Open communication, mutual understanding, and the guidance of experienced attorneys will help create a robust agreement that safeguards your financial security and interests.
To minimize the emotional impact of divorce or custody disputes on your children, focus on their well-being by maintaining open, age-appropriate communication about the changes. Encourage a positive relationship with the other parent and avoid speaking negatively about them in front of the children. Strive to maintain consistent routines and stability, and continually reassure your children of your love and support. If needed, consider involving a counselor or therapist to help your children manage their emotions. By keeping conflicts away from them and prioritizing their needs, you can help reduce the emotional strain of the situation.
Cases involving domestic violence or restraining orders in Marietta are handled with priority and sensitivity to ensure everyone's safety. If someone requests a restraining order due to domestic violence, a judge may issue a temporary order based on the initial evidence. A hearing is then scheduled where both parties can present their cases, and the judge decides whether to grant a permanent restraining order. These cases often involve support services such as victim advocacy and legal assistance to ensure the victim's protection and appropriate legal remedies, while also upholding due process for the accused.
How are cases involving grandparents' rights to visitation or custody typically handled in Marietta?
In Marietta, cases involving grandparents' rights to visitation or custody are evaluated with the child's best interests as the primary concern. Marietta law permits grandparents to petition for visitation rights if it is considered in the child's best interests and specific criteria are met, such as showing a significant bond with the grandchild. However, the rights of biological parents usually take precedence unless exceptional circumstances arise, such as parental unfitness or the death of a parent. Courts assess these cases individually, striving to balance the rights of grandparents with parental rights and preferences, while prioritizing the child's well-being and stability.
Marietta is an equitable distribution state, which means that property is divided fairly, though not necessarily equally.
Let’s Talk Now- Case Evaluation
Vayman & Teitelbaum, P.C. is your legal support whether you are already filing for divorce or you are still deciding. We have the experience and the resources that you need during the entire legal process. Legal information is your key to painless and smooth divorce process between you and your spouse. Contact us for a Case Evaluation!
Call Vayman & Teitelbaum, P.C. now at (678) 504-8411 for your Case Evaluation with a Motivated, Experienced Divorce Attorney in GA.