Attorney Joseph P. McClelland

Our law firm can provide you with the right advice when you need it.  Not all cases have to be litigated in court and things never have to get nasty.  I try to deliver legal services in the family law area with a sense of fairness.  Speak with our attorney about questions you have or worries that you need addressed.  Call us today to make it easier at (404) 381-8584.

Family Law Cases We Handle

For a free price quotation, contact our office at (404) 381-8584

Grounds for Divorce in Georgia

Georgia has 13 different grounds.  They are (1) Intermarriage, (2) Mental incapacity at the time of the marriage; (3) Impotency at the time of the marriage; (4) Force, menace, duress, or fraud in obtaining the marriage; (5) Pregnancy of the wife by another man, at the time of the marriage; (6) Adultery is a ground for divorce in the State of Georgia.  It is also a complete bar to alimony if the party requesting alimony is the one who committed adultery; (7) Willful and continued desertion by either of the parties for one year; (8) The conviction of either party for a term of two years or longer; (9) Habitual intoxication; (10) Cruel treatment; (11) Incurable mental illness; (12) Habitual drug addiction; (13) The marriage is irretrievably broken. This is the most common ground for divorce under Georgia divorce laws.  It is important to hire a qualified family law attorney because divorce lawyers understand the law.

Uncontested Divorce?

An Atlanta uncontested divorce is when both parties, Husband and Wife, agree on the division of any property gained during the marriage, agree on how to divide the debts you both have accumulated, agree on the custody of the kids, agree that child support will be paid according to the child support guidelines, and on all the small things in between.  An uncontested divorce is the fastest, least expensive, and the least emotionally stressing way. An Atlanta divorce is overly similar to one in Decatur, Stockbridge, Forsyth, Barnesville, Jackson, or McDonough.  It is about how you approach the case that matters.  Contact Joseph P. McClelland III today at 404-381-8584.

In which county would we file the papers?

Depends. In a Georgia, the county in which the Defendant resides is the proper county to file.  However, if you are doing an uncontested divorce, then you can agree to either party’s county as the proper venue.  Putting Cobb County on the complaint with one party as the plaintiff and putting Henry County with one party as the defendant, makes no real difference if the details of the separation have already been worked out by your Atlanta divorce attorney.


 Joseph P. McClelland, III Represents Men and Women 

You see on the internet and hear on television commercials for law firms just for men or one’s just for women, but that makes no sense.  I understanding what they are trying to say.  It is more difficult for a man to get custody of his kids than a women.  Although the trend is for more equality in Georgia divorces, but we are not there.  I have represented men successfully, as well as women, in disputed custody battles.  

Attorney Review:  [sws_blockquote_endquote align="right" cite="Client" quotestyle="style01"]Mr. McClelland went out of his way to make sure everything was completed on time. [/sws_blockquote_endquote]

Attorney Review: [sws_blockquote_endquote align="right" cite="Client" quotestyle="style01"]Joseph is a really nice guy. It was a pleasure to work with him. [/sws_blockquote_endquote]

Free price quotation for Butts County, Spalding County, Jasper County, Monroe  County, Lamar County, Cobb County, and Henry County at (404) 381-8584.
 

Alimony in Georgia

(a) Alimony is an allowance for the support of the other party when living separately. It is either temporary or permanent.  It is important to contact me at (404) 381-8584. (b) A party shall not be entitled to alimony if the separation was caused by that party’s adultery or desertion.

Temporary Alimony

(a)  After a hearing, the court may grant temporary alimony, including expenses of litigation, as the case may justify; (b) The judge shall consider the peculiar necessities created for each party; (c) At a hearing for temporary alimony, the merits of the case are not in issue.

Permanent Alimony

(1) In cases of divorce; (2) In cases of voluntary separation; or (3) Where one spouse is abandoned or driven off by the other spouse.

Amount of Alimony

(a) Factors determining the amount of alimony to be awarded, if any: (1) The standard of living established during the marriage; (2) The duration of the marriage; (3) The age and the physical and emotional condition of both parties; (4) The financial resources of each party; (5) Time to acquire sufficient education or training to find employment; (6) The contribution of each party to the marriage; (7) Earning capacity, and fixed liabilities of the parties; and (8) Such other relevant factors as the court deems equitable and proper. (b) Generally, obligations for alimony shall terminate upon remarriage.

Child Support 

Speak with Mr. McClelland III about child support obligations.  In Georgia child support is required for child of the marriage.

How is child support determined?

Child support is calculated by formula.  There are certain deviations from the actual number obtained from the calculator, but judges do not like to deviate from the presumptive child support amount.  The child support amount is determined by looking at both parents’ income and the number of children.  This number is plotted on a chart to determine the presumptive amount of child support.  That number shows the amount the state of Georgia says is required to raise a child.  This amount is not changed by your location.  If you are getting a divorce in Atlanta or McDonough, the number is the same even though one is slightly more expense.

This full number is then divided by the percentage each parent brings in.  Therefore, if you bring in fifty percent of the household income, then your obligation will fifty percent of the presumptive child support amount.  For more information on how child support is determined in Georgia, contact my office today to speak with an Atlanta divorce attorney.

For a free price quotation, contact me at (404) 381-8584

Henry County - Eagles Landing, Locust GroveMcDonough uncontested divorce lawyer

Butts County - Jackson, Jenkinsberg, Flovilla

Atlanta uncontested divorce

Spalding County - Griffin

Monroe County – Forsyth, Georgia

Lamar County – Barnesville, Georgia

  

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