Divorce Attorney Joseph P. McClelland

- Hiring a Divorce Attorney Can Make All the Difference -

Our law firm can provide you with right advice when you need it.  Your divorce does not have to be litigated in court if you can manage to agree on the terms of the divorce.  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 Attorney

For a free price quotation, contact our office at 770-775-0938

Grounds for Divorce By Georgia Divorce Attorney

 

Georgia law has 13 different grounds for divorce.  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 to get a divorce in Georgia. An Atlanta divorce is overly similar to a divorce in Decatur, Stockbridge, Forsyth, Barnesville, Jackson, or McDonough.  It is about how you and your divorce lawyer approach the case that matters.  Contact your divorce attorney today at 404-381-8584.

 

In which county would my divorce attorney file?

Depends. In a Georgia divorce, the county in which the Defendant resides is the proper county for your divorce attorney to file for divorce.  However, if you are doing an uncontested divorce, then you can agree to either party’s county as the county for the divorce.  Putting Cobb County on the divorce 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.

Example:  Wife lives in Henry County, but Husband lives in Butts County.   If the two of you cannot agree of division of property, alimony, child custody, or child support, ect. then you would have a Butts County Divorce.  If you both agreed, and had an uncontested divorce, then you would be looking for Henry County Divorce Attorneys or Family Law Attorneys.

 Joseph P. McClelland Represents Men and Women in Divorces & Custody Battles


 You see on the internet and hear on television commercials for Atlanta divorce attorneys for men or divorce attorneys 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.  I represent clients is easy, quickie divorces to more complicated, disputed divorce litigation.

Divorce Attorney Review:  

Mr. McClelland went out of his way to make sure my divorce was completed on time.

Client

Divorce Attorney Review: 

Joseph is a really nice guy. It was a pleasure to work with him.

Client

Free price quotation for Butts County, Spalding County, Jasper County, Monroe  County, Lamar County, Cobb County, and Henry County Divorce Lawyer at 770-775-0938.
 

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 your McDonough or Atlanta Divorce Lawyer. (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 after the divorce; (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 & Divorce

Speak with Mr. McClelland 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 a Divorce Lawyer at 770-775-0938

Henry County Divorce Lawyer- Eagles Landing, Locust Grove,McDonough uncontested divorce lawyer

Butts County Divorce Lawyer- Jackson, Jenkinsberg, Flovilla

Atlanta uncontested divorce

Spalding County Divorce Lawyer – Griffin Divorce

Monroe County – Forsyth, Georgia

Lamar County – Barnesville, Georgia

We can discuss with you the effects of an affair, the possibility of an annulment, the need for going to Cobb County divorce court or Dekalb County divorce court, how to not let emotions make bad decisions, how your family and gossip change things, the possibility of finalizing all of the paperwork online, what to do if your spouse does not want a divorce and tries to stop it, and any other topic you want discussed.

  At the office of Joseph P. McClelland, LLC, we provide quality family law and legal advice to clients in Atlanta, Marietta, McDonough, Sandy Springs, Buckhead, Alpharetta, Dunwoody, Duluth, Vinings, Griffin, Barnesville, Forsyth, Jackson, Monticello, Decatur and the counties of Cobb County, Dekalb County, Fulton County, Henry County, Lamar County, Monroe County and more. When you need an Atlanta divorce attorney, call my law firm at 770-775-0938.

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