When a family is in transition and faced with an uncertain future, it is crucial to have proper legal representation. The family law practice at E.N. Banks-Ware Law Firm, LLC is dedicated to finding legal solutions when conflicts cannot be resolved in the home.
Our firm serves clients in Dekalb, Metro-Atlanta and throughout the state of Georgia by helping to resolve the many complex issues related to divorce and its aftermath. We also work with clients to establish parental rights and responsibilities. While we encourage our clients to reach equitable agreements, we know our way around the courtroom when litigation becomes necessary. We routinely handle a wide range of family law issues including:
- Division of marital property
- Child custody/visitation
- Child support
- Modification of custody/support orders
- Collaborative divorce
- Divorce Mediation
- Legitimation and father’s rights
While a divorce can become highly contentious, it is possible to minimize conflicts regarding issues such as the division of property, spousal support, child custody and visitation, and child support. We handle both contested and uncontested divorces and often help our clients navigate divorce mediation and collaborative divorce, as well as court proceedings. Knowing that a marital break-up is a painful experience, we will offer you trustworthy advice and support as you move on with your life.
Spousal support, commonly referred to as alimony, may be awarded to a divorcing spouse in the state of Georgia, but alimony payments are not guaranteed. Spousal support is generally awarded to an individual who has been in a long-term marriage (over 10 years), and only if the receiving spouse has limited means of earning an income.
Although there is no set formula for determining the amount of support, payments are based on the needs of one spouse and the other’s ability to pay. The best way to protect your interests is to consult E.N. Banks-Ware Law Firm, LLC.
We all want what’s best for our children, however disputes over child custody and visitation are unfortunately common in Georgia family law cases. The state’s child custody laws now consider it in the children’s best interest for both parents to play an active role in their upbringing. Before a divorce is granted, parenting plans for child custody and visitation must be approved by the court. If the parents cannot reach an agreement, the court will determine custody and visitation rights.
If the court awards sole physical custody, then the noncustodial parent will be granted reasonable visitation rights. The court typically prefers to award joint physical custody — as long as the spouses can agree on a parenting plan. Moreover, children ages 14 and older can request which parent they prefer to live with, but the court’s determination is ultimately based on the child’s best interest. Finally, Georgia law also recognizes the visitation rights of grandparents.
Both parents have a legal obligation to provide financial support to their children, whether they were married or not. In determining child support, the court follows specific guidelines that consider the income of both spouses, the number of children, as well as the costs associated with raising a child.