A contested divorce is, of course, one option. This is the most traditional way of getting divorced in Georgia, and usually involves family law attorneys representing both husband and wife. The case may go to court, but more often than not is usually settled out of court.

Mediation is another method for divorce. This also usually involves an attorney on both sides helping to negotiate settlements on behalf of clients. However, this is often a less contentious process than going to court. Importantly, anything decided at mediation must still pass the scrutiny of a GA judge, especially if children are involved.

A collaborative divorce is another form of alternative dispute resolution that is becoming more and more popular. Again, this usually involves attorneys, and our Atlanta and Athens GA divorce lawyers are involved in many collaborative divorces, however this method also requires a commitment from both husband and wife to working things out amicably. If things do not work out, the attorneys usually step down and different divorce lawyers are called in to handle the contested divorce case.

And then of course there are uncontested divorces in Georgia, which are usually the simplest and cheapest way to go about getting a divorce, but require both husband and wife to agree to every single term of the divorce.

Without a doubt, any consultant will tell you a divorce can be a stressful situation, but knowing your options will help. We wish you the best of luck during this trying time, and please feel free to call one of our Georgia family law attorneys if you have questions or need representation during your divorce process.

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According to Georgia family law, the courts are to “equitably distribute” marital property.  This begs two questions.  What is equitable, and what is marital property?  Neither question is what it first appears.

Equitable distribution is best described as what is fair, rather than what is equal.  So if the court decides that a 60-40 split is more fair than a 50-50 split of the property, than that is what the court will do.  The court can base its reasoning on any number of factors, including how much each spouse contributed to the purchase of the property, each spouse’s occupation, if the divorce was “for cause,” if there are children, who has primary custody of the children, etc.  In short, the court can consider almost any factor which would help it arrive at a fair or equitable distribution of the Georgia marital property.

Georgia marital property is, in layman’s terms, property acquired during and as a part of the marriage.  The most common example is a house jointly bought by a husband and wife.  Property owned individually before the marriage, such as bank accounts, is not considered marital property.  Further, property acquired individually during the marriage is often not considered marital property.  For example, if the husband receives a gift of golf clubs from a friend as a birthday present, or the wife inherits some family heirlooms from her parents while they are married, the property is often considered to be separate.  Individual property can become marital property, however, if one is not careful.  For example, if the husband buys himself a car with his own money, but allows his wife to use the car for family errands, it might be “converted” into marital property by the court.

As you can see, the division of property upon divorce can become very complicated, very quickly.  The facts of each case often make or break the separation of marital assets settlement, and we recommend that you have one of our GA divorce attorneys on your side to make sure you aren’t taken advantage of.

Taking The First Step

As can be seen above, issues regarding the separation of marital property can be confusing and sometimes murky, and the help of an experienced attorney to help ensure that your interests are well protected will be invaluable. If you are dealing with a GA divorce, we advise you to speak with one of our divorce lawyers sooner rather than later.  Please note that for a typical divorce, our law firm retainer begins at $2,500.00.  If you would like to talk with one of our family law attorneys about representing you, either fill out the brief form to your left or give us a call.

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As the legal end to a marriage, filing for a divorce in Georgia can be initiated by one spouse or agreed upon by both spouses.  If you are going through a divorce,  it can get emotionally tiring and upsetting, as well as legally complicated, and if you live in or near Sandy Springs, GA, we recommend consulting with one of our experienced divorce lawyers.

Two of the biggest problems that may affect your marriage and result in a divorce are irreconcilable differences and money issues. In the state of Georgia, hiring an educated and knowledgeable attorney will be very important when it comes to protecting your rights regarding your divorce case. The law firm of Kitchens, New & Cleghorn, LLC is committed to helping you obtain excellent results for your divorce case. Our prime objective  is to reach amicable and reasonable resolutions for our clients, and to litigate when no other options are available.

Our Sandy Springs divorce attorneys are experienced in handling Georgia family law cases in the following areas:

+  Uncontested Divorces
+  Mediation
+  Division of Property
+  Alimony/Spousal Support
+  Child Custody
+  Child Support

If your case requires vigorous negotiation, mediation or trial, we possess the legal knowledge and courtroom experience to protect your interests.

In case you are filing for divorce, feel free to get in touch with us today and speak to our divorce attorneys. For a free consultation with one of our Sandy Springs family law attorneys, either fill out the brief form to your left, or feel free to give us a call.

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The decision to file for divorce is never an easy one. Divorce is a stressful, overwhelming, and confusing time. However, if you decide that divorce is the best choice for you, it’s important to make sure your rights and needs are protected. If you are in Gwinnett County, it’s in your best interest to work with divorce attorneys who know the Gwinnett County family law system inside and out, and who can provide you with personalized attention, dedicated legal counsel, and respectful representation to get through this difficult time. At Kitchens, New & Cleghorn, LLC, our divorce lawyers will take the time to thoroughly review your case, discuss what’s important to you, and help you resolve your case successfully. Indeed the Gwinnett County divorce attorneys at the law firm of Kitchens, New & Cleghorn, LLC handle all types of divorce cases, including uncontested and contested divorces, and will provide you with the diligent representation throughout the divorce process.
Gwinnett County Lawyers You Can Rely On | Judgment You Can Trust

Decisions on a divorce in Georgia carry far-reaching consequences that can impact someone’s finances, parenting, and children well into the future.  Careful consideration of a client’s long-term interests is absolutely essential in the specialized realm of family law.  Our Gwinnett County divorce attorneys understand that each and every client’s personal relationships are as unique as their own fingerprint. Achieving the right result requires not only a thorough familiarity with each unique circumstance, but also the ability to craft and implement the right legal strategy designed to accomplish each individual client’s objective.

At Kitchens, New & Cleghorn Family Law, our attorneys routinely practice in Gwinnett County and are committed to helping you obtain excellent results for your divorce case.  We believe that a divorce should be fair and that you deserve to be well taken care of. We have immense experience in the realm of family law in Georgia and look forward to presenting you with the care and the compassion you deserve.  Be it divorce, child custody, child support or any other family law issue in Gwinnett GA, we are committed in providing you with personalized, compassionate and exceptional legal representation.

Getting Started
Our family law  are committed to assist you in the courtroom as well as in the negotiation proceeding to avoid situations getting more complex. If you would like a free consultation with one of our Gwinnett County Divorce Lawyers, either fill out the brief form to your left, or feel free to give us a call.

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The family law attorneys at Kitchens, New & Cleghorn, LLC know how difficult a Georgia divorce is for everyone involved. We are here to explain and advise, in understandable terms, Georgia’s complicated divorce law to our clients. We know that each situation is unique, and want to help you as you make life changing decisions about issues like alimony, division of property, child custody, and child support. In this new, chaotic, and possibly terrifying time, it is essential that you are well-prepared. We give you that preparation with our experienced, trial-tested family lawyers practicing in Johns Creek GA.

What We Do

Our attorneys have practiced family law in Georgia for years. Whatever your situation, we can help. As family law attorneys, we do more than just divorce, even though divorce law is what most people think of when the phrase “family law” is mentioned. Whether you are about to get married, planning on adopting your first child, or anticipating divorce, we are here to help. Just a few of the legal services we provide are clients include:

+ Prenuptial Agreements
+ Postnuptial Agreements
+ Domestic Partnerships
+ Adoptions
+ Collaborative Divorce
+ Contested Divorce
+ Annulments

+ Alimony

+ Child Custody
+ Child Support

If you are dealing with a divorce in Johns Creek, Georgia, we advise you to speak with one of our divorce lawyers sooner rather than later.  The process can be intense and sometimes intimidating, and the help of an experienced attorney will be invaluable in helping you protect your interests and the interests of your children. For a typical divorce or child custody matter, our law firm retainer begins at $2,500.00.  If you would like to talk with one of our family law attorneys about representing you, either fill out the brief form to your left or give us a call.  Thank you and we look forward to working with you.

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Being intimately familiar with all aspects of the family law system in Marietta, GA, the attorneys at Kitchens, New & Cleghorn, LLC understand how complicated and emotionally draining Georgia family law can be.  Georgia family laws can, at times, seem complicated, confusing, and arbitrary to clients.  Georgia adoption laws sometimes appear to be nothing more than the judge’s whim.  Looks, in this case, are deceiving, and that’s where we help.  Our attorneys know the ins and outs of Georgia family law, and explain it to our clients without the legalese.  Whether you are filing for divorce in Marietta, preparing to get married, or trying to adopt your first child, our family law attorneys are here to help you.

Our Services

Contrary to popular opinion, divorce is only one part of Georgia family law. Indeed, while divorces are an important aspect of Georgia family law, they are not the only part.  We also represent couples in Marietta who want a GA prenuptial agreement or want to form a domestic partnership.  We  help couples who choose to adopt jump through the necessary legal hoops of the adoption mprocess.  The lawyers at also help with uncontested divorces, child support modifications, alimony modifications, and more.  Indeed, the family lawyers at Kitchens, New & Cleghorn offer a wide variety of services to our clients seeking help and advice.  Some of our services include:

* Adoption
* Alimony
* Annulment
* Child Custody
* Collaborative Divorce
* Contested Divorce
* Division of Property
* Divorce Mediation
* Domestic Partnerships
* Postnuptial Agreements
* Prenuptial Agreements

Issues regarding Georgia family law can be confusing and sometimes intimidating, and the help of an experienced attorney will be invaluable in helping you protect your interests. If you are dealing with a Marietta GA family law issue, we advise you to speak with one of our divorce lawyers sooner rather than later.   For a typical divorce, our law firm retainer begins at $2,500.00.  If you would like to talk with one of our family law attorneys about representing you, either fill out the brief form to your left or give us a call.  Thank you and we look forward to working with you.

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Divorce is an area of Georgia Family Law that requires a nuanced approach by an experienced family law attorney. At Kitchens, New & Cleghorn, LLC, our divorce attorneys have helped clients in the Jackson County area with the difficult process of divorce and all family law issues related to it. Our Georgia  law practice works on the conviction that family law issues such as divorces should be resolved quickly, amicably and efficiently, with a goal towards resolving matters through negotiation and mediation and lastly, forceful litigation if all else fails.

The Jackson County Divorce Attorneys at Kitchens, New & Cleghorn, LLC, GA give you the level of dedicated and respectful service that comes out of a practice built upon the values of public service and being a part of your community. Our Jackson County divorce attorneys understand the emotional trauma divorces in the family can cause. Our lawyers recognize that during separation emotions usually run high, and try to work with them, taking into account the goals and wishes of each individual client.

When you come to us during a divorce, you have decisions that must be made and questions that must be answered. You may wonder what type of GA child custody arrangements will be made with your children, or how much child support you will pay, or will receive. Our divorce lawyers are intimately familiar with the Jackson County family law courts, and will help you identify the unique aspects of your case and help you get what you are looking for.

A cooperative approach is generally the best way to resolve a divorce case, especially when child custody and child support matters are involved. Mediation moves a couple away from a delicate and awkward setting and into an environment where both the spouses can work together to resolve the issues. This not only saves relationships, but also saves money and time. At Kitchens, New & Cleghorn, our divorce lawyers will provide you with the impartiality you need to find legal resolution and personal closure.

As circumstances in life change, modifications in support and custody may be needed. Whether it involves a new job, new marriage, or a move to another state, we will assist in resolving the issue as quickly as possible through either mediation or litigation.

Contact our Jackson County divorce lawyers today and file your divorce with confidence. If you wish to speak with one of our attorneys, either fill out the brief form to your left, or feel free to give us a call.

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A Qualified Domestic Relations Order (QDRO) creates or recognizes the existence of an alternate payee’s right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a pension plan.  Simply put, a QDRO establishes legal rights to receive a designated percent of an ex-spouse’s IRA, pension plan, 401(k), or profit-sharing plans proceeding a GA divorce.

When an ex-spouse receives the entitled money from a retirement plan he/she will be responsible for paying the related income taxes if received in the form of an annuity, pension, or withdrawal and will become a co-beneficiary of the existing pension account.  The entitled ex-spouse can also withdraw his/her share and roll money into his/her own IRA.  A rollover will allow for the postponing of taxes until funds are withdrawn from the IRA.

If funds from a qualified retirement account in Georgia are distributed to an ex-spouse without a QDRO the person with the account, not the ex-spouse receiving the funds, will be responsible for paying the income tax and may even be charged with a 10% premature withdrawal penalty.  Without a QDRO your ex-spouse can receive funds from your retirement plan through a tax-free windfall at your expense.

If you are facing a divorce and the division of retirement assets, QDRO’s can be extremely complicated. We highly recommend speaking with one of our Georgia Divorce attorneys. Contact us for a consultation. We look forward to hearing from you!

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