DIVORCE • PERSONAL INJURY • MARIETTA ATTORNEYS YOU CAN TRUST • CRIMINAL LAW • FAMILY LAW
Divorce represents a significant, life-changing milestone. Our clients come to The Young Law Firm fearful of an uncertain future. When one household becomes two, money matters play a significant role in finding resolution. A spouse who chose to forego a career to focus on family matters may require financial help in the form of spousal support.
While child support amounts are dictated by strict, statutory formulas, spousal support — also known as alimony — does not enjoy those set calculations. Maintenance is subject to the discretion of the judge who is overseeing your divorce.
Long-term, permanent spousal support is rare as judges want ex-spouses to become self-sufficient. Short-term, rehabilitative alimony is more common. It allows for a transition to pursue an education or career while maintaining financial security.
Alimony can be granted to either a man or a woman. Alimony can be either temporary or permanent. Temporary alimony is different from permanent alimony as it is for the purpose of meeting the special circumstances caused when a domestic crisis of separation and pending divorce proceedings occur. Temporary alimony, which includes attorney’s fees, expenses of litigation, and child support, is awarded for the purpose of allowing a spouse to effectively contest the issues in the case and to protect his or her interests in the pending proceeding.
Permanent alimony may be granted in the case of a divorce, voluntary separation, or, when one spouse against the will of that spouse is either abandoned or driven off by the other spouse. Alimony is to be awarded to a spouse according to the needs of that spouse and the ability of the other spouse to pay. However, alimony is not required to be awarded.
To establish a valid claim for permanent alimony, the spouse must allege and prove that the parties are legally married, that the parties are living in a bona fide state of separation, and that the claim for alimony is part of a pending action for divorce or a separate maintenance action. The separation may be by mutual agreement or because of facts which would be the basis for the granting of a divorce.
Alimony will not be granted if it is established that the separation between the parties was caused by the adultery by the spouse who is seeking alimony or the desertion by the spouse who is seeking alimony. Adultery is not a bar in every case where the spouse who is seeking alimony has committed adultery. It is only a bar when the adultery is the cause of the separation between the parties. Adultery which occurred in the past, and for which the other spouse has forgiven that spouse, is not a bar to alimony at a later time.
In all cases where alimony is sought, the court must consider evidence of the reason for the separation of the parties. In deciding whether to award alimony, the court must consider evidence of the conduct of the parties to each other. If one spouse has made adequate provision for the other spouse’s support and maintenance, and if such provision is consistent with their means and former circumstances, then the other spouse will not be allowed permanent alimony.
The Young Law Firm has earned a reputation for aggressiveness and effectiveness in the courtroom. Alimony Attorney Diana Whipkey Young focuses on the best outcome when future financial stability is at stake for both payers and receivers of spousal support.
Complex divorce disputes involving money can quickly end cooperation in an uncontested divorce. When the courtroom is the only option to find resolution, you need an experienced Marietta divorce lawyer skilled at litigating cases on behalf of her clients. Diana Whipkey Young possesses a track record of aggressiveness and effectiveness in the courtroom.
For solid and experienced representation from a Georgia family law attorney, call our law firm at 770-795-9596 or contact us online to set up your 30-minute initial consultation. For our clients' convenience we accept all major credit cards.
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"I will gladly recommend Diana Young to anyone seeking to hire a trustworthy attorney, she has been my attorney and represented me on various occasions dealing with my legal issues. She has shown great confidence and effectiveness consistently in the courtroom. A dynamic attorney."
"Before I met Attorney Diana Young I could write a horror story about practicing attorneys in Marietta, GA. who need to be disbarred. Attorney Diana Young, service excellence made me forget all about the bad experience."
"Diana was Awesome! She represented me in a divorce and estate planning and provided great advice. She is very professional and skilled and I know the saying is there are no winners in a divorce but in this case
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