An Experienced Family Law Attorney In Divorce Matters

It is impossible to know how your life will change after your divorce. This uncertainty can affect every aspect of your life, creating stress and anxiety. An experienced attorney can help you move forward from this difficult time on the best possible terms.

At Lise S. Kaplan, LLC, in Macon, Georgia, we recognize that no two divorces are the same. For this reason, we take a personalized approach in serving our clients. We promote open communication and encourage our clients to ask questions throughout the legal process.

Tackling Every Divorce-Related Issue

Before a divorce can be finalized, both spouses must reach an agreement on all of the unresolved issues, or a judge or jury will make a determination. Financial considerations, such as the division of marital property, will potentially affect your life for years to come. Another possible consideration in a divorce is alimony. While alimony is not an issue in all divorces, it may be a factor in your case depending on your circumstances.

If you have minor children, creating a custody plan that suits your children’s needs is likely your main concern. Further, whether you expect to pay or receive child support, we will advise you of your rights and discuss your expectations. Every step we take in your divorce will be aimed at putting you in the best position possible to move forward with your life.

Contested Vs. Uncontested Divorce In Georgia

Georgia offers both contested and uncontested divorce options for couples facing insurmountable marital problems. Most couples take the uncontested route, but sometimes a divorce involves disagreements or complications that make contested proceedings necessary.

An uncontested divorce is one in which both parties agree on all major issues, such as asset division and child-related matters. The spouses formalize these agreed-upon terms in a settlement agreement, which should be submitted with the divorce petition. This process is generally faster, less costly and less emotionally taxing, as it avoids the adversarial court proceedings typical of contested divorces.

By contrast, a contested divorce occurs when spouses cannot find common ground on one or more critical divorce issues. These disputes often involve financial settlements, child custody or even a disagreement about getting a divorce.

When such conflicts arise, the divorce may become a civil contested matter where each party presents their case, and the court makes the final decisions. Contested divorces are usually more complicated and stressful for all involved parties, including the children of divorce.

Uncontested divorces can often be resolved through mediation or negotiation, potentially leading to a quicker resolution. Contested divorces rarely resolve easily or quickly, often involving a protracted discovery process and litigation. The emotional strain and potential financial burdens of a contested divorce can be significant, making a just outcome even more critical.

Again, for most divorcing couples, the overwhelming preference is to end the marriage as quickly, smoothly and painlessly as possible. When that becomes impossible and you must undergo a contested divorce, legal representation is invaluable.

Lise S. Kaplan, LLC, can protect your rights, guide your decisions and present a persuasive case to the court.

Guiding You Through Divorce

One of the biggest concerns our clients have is how their divorce will be concluded. Whenever possible, we try to resolve your case prior to a trial. This can be accomplished through negotiations with the other party or mediation, during which a neutral third party (the mediator) helps the parties resolve their differences. This can result in a positive resolution without the time, expense and uncertainty of litigation.

While mediation or negotiations can often lead to a settlement for our clients, we realize that some cases can only be concluded by a trial. If we need to take this step, you can have confidence knowing that our attorneys will present a persuasive case on your behalf.

Divorce FAQ

It is understandable for you to have many questions about the divorce process and what to expect. Here are answers to a few of our most frequently received questions.

How long does it take to get divorced in Georgia?

Like many states, Georgia law imposes a mandatory waiting period between filing and finalizing your divorce. In theory, if both parties agree to all of the terms, you could finalize your divorce after 31 days. Practically speaking, settling complicated matters like child custody and property division usually takes longer. How long a case takes can vary dramatically depending on the circumstances of your situation.

When is alimony awarded?

Alimony, which is spousal support, can be awarded in certain situations, but is not an automatic right like child support. When a judge is considering whether to award a spouse’s alimony request, the factors they will consider include:

  • How long the marriage lasted
  • The standard of living the couple enjoyed during the marriage
  • Each spouse’s income, assets and earning potential
  • Each spouse’s age

Generally, alimony is most likely to be awarded when the marriage lasted many years and the spouse seeking alimony has little work history or ability to support themselves financially. Georgia law allows both temporary and permanent alimony.

How could divorce impact my family business?

Georgia is an equitable division state. This means that when a couple divorces, they must divide marital property equitably, meaning fairly. This gives you and your spouse considerable room for creativity when deciding how to divide assets like a small business. Keep in mind that an ownership interest in a business could be marital property even if only one spouse worked there. The issue is whether it was acquired during the marriage or became commingled with marital assets at some point.

Common options for a business include one spouse buying out the other’s share, a division of assets that contemplates one spouse keeping the business, selling the business and splitting the proceeds, and continuing to co-own the business after the divorce.

Schedule A Meeting With Us Now

With over 30 years of experience practicing law, attorney Kaplan offers a truly unique and tailored approach to every Macon divorce she handles. These attributes, combined with her comprehensive knowledge of Georgia law, make her a shrewd advocate, especially for those facing a complex divorce.

We welcome inquiries from throughout Middle Georgia. Call 478-207-5124 or contact us online to get started.