Law Offices of David E Oles, LLC

Frequently Asked Divorce Questions

Whether you’re contemplating filing for divorce or on the receiving end of divorce papers, you should not hesitate to put a skilled legal professional on your side. During a time characterized by stress and uncertainty, you likely have a number of questions that the Law Offices of David E Oles, LLC can help answer.

What’s the difference between contested and uncontested divorce?

A contested divorce is called for when the couple cannot come to an agreement on issues regarding alimony, asset division, child support, and custody. In an uncontested divorce, both parties are in agreement of the terms of their divorce and don’t need the court to interfere. Uncontested divorces usually involve less paperwork, lower costs, and a low level of conflict.

What is marital property?

Marital property refers to all the property and assets you obtained throughout the years of your marriage. These assets can include real estate, bank accounts, time shares, debt, and stocks.

How is child support determined?

The guidelines used to calculate child support vary state-by-state, but there are a number of factors the court will consider when determining child support. In Georgia, the law will look at the combined adjusted income to determine the "Georgia Child Support Obligation Table," which decides what the basic child support order entails.

Georgia law will consider the following sources of income when calculating child support:

  • Trust income
  • Salary
  • Dividend income
  • Any income earned from interest

How does legal separation differ from divorce?

The biggest difference between legal separation and divorce is in a legal separation, you are still legally married to your spouse, but you are living separately. You’ll still negotiate child custody, visitation, child support, alimony, and property division in legal separation.

What are the grounds for divorce?

Although Georgia is considered a no-fault state, which means either spouse can file for divorce without needing to prove the other spouse did something wrong, there are still several grounds for divorce. Some examples include adultery and desertion by one of the spouses for at least one year.