Winder Divorce & Family Law Attorney
Divorce, Child Custody, Adoption and other family law or domestic relations issues can become emotional and create much uncertainty. When children are involved the potential for disagreement and conflict becomes even greater. With the calm demeanor and sincere interest in helping families in transition adjust to a new reality, Attorneys at the Mitchell Law Offices have helped several families through a wide variety of difficult legal issues in family law with compassion and respect.
Unfortunately sometimes relationships in our lives can become unhealthy for us mentally and even physically. When this relationship is the one with our husband or wife, a possible solution is divorce. There can be a myriad of feelings from anger or frustration to hope and relief when a client meets with me in my office contemplating or desiring to begin the divorce process. Divorce is never fun, but if done correctly can begin a path towards more healthy relationships and brighter futures.
However as it was in marriage it also is true in divorce as there are two different individuals involved with sometimes different expectations. The better both sides can come to a clear understanding and work together to accomplish the divorce, the better the chance it has to not be drawn out and more damage done. Attorney Douglas Mitchell will be by your side the entire time ensuring you have that clear understanding to make the proper decisions to complete your divorce the right way so you can move on to brighter moments.
In Georgia you do not need to prove “fault” by one spouse to get a divorce. Commonly divorces will simply claim “irreconcilable differences” as the reasoning as is allowed by the law in Georgia. However, “fault” such as infidelity, theft, violence, or other traditional “fault” concerns can be considered by the judge in Georgia when deciding what is “fair” to divide property or set custody and visitation with the children.
Many times if children are part of the marriage they become a major focus of the divorce and Attorney Douglas Mitchell is prepared to ensure your parental rights and the best interests of your child or children are always in consideration throughout the divorce process. You will have an opportunity to work closely with Attorney Douglas Mitchell to personally explain your concerns and directions during the divorce process. Mr. Mitchell will be available by phone, email, fax, and text message. The Law Office of H. Douglas Mitchell believes in excellent client contact and the importance to know your attorney and not just an office or staff.
Lawyer Douglas Mitchell is skilled at working towards an uncontested divorce, if desired, which can save time and money for you as it will eliminate many court hearings and appearances and allows you to work out the important details of your divorce directly with your spouse with your lawyer by your side advising you of any effects or ramifications of the decisions made. Then preparing your agreements in a form acceptable for the judge’s review.
Once all decisions are made and included in your divorce paperwork you will review this paperwork before it is filed and served to your spouse, if the chosen path for your divorce is contested or your spouse does not agree to simply sit down and sign. The Law Office of H. Douglas Mitchell will handle all preparation of court documents, leaving you to be more concerned with the big and little decisions that need to be made.
Deciding to get divorced is a big step and brings a good amount of change, which in turn brings with it some stress. Let the Law Office of H. Douglas Mitchell do its best to relieve some of that stress from your shoulders from the moment you step into our office for a free consultation to the moment you walk away with your signed divorce decree and order from the judge.
Everybody has stuff. Sometimes there is real estate and sometimes there is Grandma’s china set. During a divorce a Court in Georgia only has to divide the property equitably or “fairly” not necessarily “evenly”. This is an area where it can be crucial to have Attorney Douglas Mitchell by your side to ensure your property stays your property and the “fair” part of you and your spouses belongings isn’t the short end of the stick for you.
Attorney Douglas Mitchell will assist you to analyze each piece of contested property and show the necessary evidence and reasoning why it is yours and not your spouses. There are inheritance issues, pre-marriage property protections, and proper analysis of the source of the money that purchased the goods with their own rules and laws to follow for each different circumstance.
Children are the light in our lives. But when parents have to choose who between the two of them will take care of their children and when and where they will take care of them, you never know what they are willing to say or do. Attorney Douglas Mitchell has seen several different ways parents cause trouble for each other and their children as they are attempting to settle the custodial situation of those children. Emotions and feelings can run high when the children are involved and it becomes more important than ever to have a lawyer such as Mr. Mitchell to stay focused on your plans and goals for your children and not get caught up in the whirlwind of emotions and feelings.
Attorney Douglas Mitchell is also able to assist you to modify an existing custody arrangement by showing the necessary evidence to the court that the circumstances have changed so much so that it is proper to change custody from one spouse to the other. Even if it means scheduling an emergency hearing with short notice to protect the safety and well being of your children.
It costs a lot to raise a child. Child Support is there to ensure the child has what it needs without unduly burdening
one parent that only has half the obligation and responsibility. Attorney Douglas Mitchell can assist you to finally get that help you have looked for and not found from the other parent. The children depend on and can have a better life by making the other parent step up and cover their fair share of supporting the children. When you let a parent skate by not paying child support you make that decision not just for yourself, but for the children also.
On the flip side, money can do funny things to people and sometimes they lose sight of reality and awareness of the other parent’s situation and what is truly best for the child. Attorney Douglas Mitchell can assist you to modify your child support or work out some other arrangement to keep you from jail or penniless when you need some legal backup to your defense.
Were you never married to the mother of your child/children and have now separated from the mother? Are you a father desiring parental and/or custody rights that are out of reach? Has the mother kept the child away from you or at least is calling all the shots and you don’t know where else to turn? Do you need to have your name added to a child’s birth certificate as the father? If so, then Lawyer Douglas Mitchell can assist you to claim your parental and custody rights and spend that precious time with your children and give them the father they deserve under every meaning in the law.
The law does not automatically assume you are the father even though you and everyone else around you knows you are. Mitchell Law Offices will assist you in acquiring a Court order declaring you are the father of the child/children and then with that Court order you are then on equal legal ground with the mother. Mitchell Law Offices will give you guidance on asking for custody of the child/children or having visitation rights established with your child/children that the mother is under Court order to follow. Another important aspect is having legal rights to your children established so that you can interact with medical and school personnel as needed and your child/children can inherit from you at your death. Mitchell Law Offices can also assist you having the child’s/children’s last name changed in the Court order.
The Law Office of H. Douglas Mitchell will see you through all the way to a Final Order of Legitimation and Name Change and into the Office of Vital Records to get a new birth certificate, this time named as the father. Enter our office a father and leave our office still a father, but in addition a legal, documented father.
Spousal Support (Alimony)
There are circumstances during a divorce where one spouse has a higher earning capacity leaving the marriage than the other. This can happen because of one spouse helping the other achieve higher amounts of education or degrees or simply staying with them for so long that they have advanced far into a lucrative career while the other spouse did not for various reasons, such as raising the couple’s children full time at home for example.
Alimony is meant to compensate that lower earning spouse to maintain the lifestyle the couple had when together. The payments are just like child support except that they are meant to go just to the spouse for their use on whatever they want and not just for the children.
Alimony or spousal support can be temporary to allow a spouse enough money to finish an equal level of education, for example, or permanent to ensure a lifestyle that resembles somewhat the lifestyle before divorce.
Alimony can come into play particularly when one spouse deliberately acted to dissolve the marriage through infidelity, violence or any other type of “fault” behind the divorce. In Georgia, you do not need fault to get divorced, but a judge can consider fault during the divorce and deciding to give one spouse alimony or spousal support is a common area that “fault” could come into play.