Practice Areas
Divorce
Divorce
Peachtree City and Newnan Divorce Lawyer Safeguards Your Rights
Experienced Georgia attorney provides sound advice and advocacy
Once you’ve decided to dissolve your marriage, the next step is to seek out a capable and determined lawyer who can help you face this challenge. When you come to Thomas F. Tierney, Attorney at Law, you get the benefit of my three decades of experience representing spouses from Fayette and Coweta Counties. With offices in Peachtree City and Newnan, I have a thorough understanding of local courts and have earned the respect of my professional colleagues. When the parties are amenable, I am adept at reaching settlements to save clients time, and spare them expense and anguish. Should litigation be required, I am a proven trial lawyer who knows how to present a compelling case in support of my clients’ interests.
Choosing the appropriate process for your divorce
No two divorces are exactly alike. How yours proceeds depends on a range of factors, such as whether you have children and the size of your marital estate. Equally important is the state of relations between the parties. Are you and your spouse able to work cooperatively or is all trust gone? The answers to these questions will help determine how to handle decisions such as:
No-fault or fault-based grounds — Georgia law allows you to file for divorce by declaring that the marital relationship is irretrievably broken. However, traditional fault grounds can also be used. Petitioners who allege marital misconduct, such as infidelity or cruelty, must be prepared to prove them by a preponderance of the evidence. Filing no-fault gives you one less issue to litigate and can pave the way for an uncontested or settled divorce.
Contested or uncontested divorce — A contested divorce is one that requires a trial on at least one of the issues that must be resolved before the court will dissolve the marriage. An uncontested divorce is one in which the parties reach a settlement of all issues. They present their agreement to the judge for approval and avoid a trial. Many couples are able to reach a settlement through mediation, while others require a hearing to resolve their differences.
Under Georgia law, a couple must cease marital relations before either can file a divorce petition. This does not require a legal separation or residence in different homes. To file for divorce in Georgia, at least one spouse must meet the six-month residency requirement.
Resolving your alimony, custody, child support and property division issues
There are four central issues that are to resolved before the court issues a divorce decree:
Alimony — Also known as spousal support, a higher-earning spouse might be required to make payments to their partner who relied on their income. Either a husband or wife can request alimony, which can be awarded on a temporary basis during the divorce process, as well as for a period of time after the marriage has been dissolved.
Child custody and visitation rights — Under most circumstances, parents negotiate a parenting plan that allows both parties frequent, meaningful time with their children and sets forth guidelines regarding authority for decisions concerning their sons and daughters.
Child support — Georgia law requires both parents to provide for their children’s financial needs. Georgia family law looks at the income of both parents and other factors to set child support rates.
Distribution of property — As an equitable distribution state, Georgia courts divide marital property in a manner that the judge believes to be fair, but might not result in an 50-50 split in value.
As your advocate, I work tirelessly to obtain the most favorable terms possible in each of these areas.
Contact a knowledgeable Georgia divorce attorney
Thomas F. Tierney, Attorney at Law, with offices in Peachtree City and Newnan, handles divorces and related family law matters for clients throughout Fayette and Coweta Counties. Please call 770-631-1100 or contact my office online for a consultation regarding your case.
Child Custody
Child Custody
Peachtree City and Newnan Child Custody Attorney
Experienced representation focused on the best interests of your children
The bond between a parent and a child is sacred. Unfortunately, circumstances often arise which threaten that connection. If you are going through a divorce or separation, or if trouble in a nonmarital relationship is impeding access to your children, Thomas F. Tierney, Attorney at Law can help. For more than 30 years, I have represented parents in custody and visitation matters, asserting their rights to maintain a loving relationship with their children and to exercise authority for their welfare. From offices in Peachtree City and Newnan, my firm tackles complex and contentious custody issues through skillful negotiation, mediation and, if necessary, in court.
Elements of a Georgia parenting plan
The following two aspects of child custody must be addressed in a Georgia parenting plan:
Physical custody — Language on physical custody states where the child will live and sets forth a visitation schedule for the parent whose home is not the child’s primary residence.
Legal custody — The authority to make decisions regarding the child’s health, safety and welfare is referred to as legal custody.
These two types of custody can be awarded exclusively to one parent or on a joint basis. Options the court considers include:
Sole physical custody — The children live full time with one parent, but spend time at the noncustodial parent’s home based on the visitation schedule. Frequently, the parenting plan will call for overnight visitation to occur during weekends and school breaks.
Joint physical custody — Though children spend substantial time in both homes, the split might not be equal due to educational needs.
Sole legal custody — One parent holds the authority to make major decisions on the children’s upbringing.
Joint legal custody — Parents share decision-making authority.
Each young person is unique and it is usually best when a parenting plan can be negotiated between the parties rather than imposed by a judge. Custody arrangements affect child support responsibilities and my firm takes the time to learn about your situation in order to create the healthiest possible environment for your son or daughter. I will also advise as to how potential custody arrangements would affect child support responsibilities.
How courts in Georgia determine child custody
The goal of child custody litigation is to create a parenting plan that serves the best interests of the children. Georgia law enumerates 17 factors a court must consider when ruling on custody, including:
The existing bonds of love and affection between each parent and the child
Bonds of affection among siblings, including half-siblings and stepsiblings
Each parent’s capacity to act as a loving parent
Existence of family and community support for each parent
Each parent’s mental and physical health
The degree to which each parent is involvement in the child’s life
Each parent’s work schedule
The needs of each child
Past performance as a parent
Each parent’s willingness to support the other parent’s continuing relationship with the children
Any recommendation by a court appointed custody evaluator or guardian ad litem
Any evidence implicating a parent in family violence or sexual, mental or physical child abuse or criminal acts
Any evidence of a parent’s substance abuse
Children who are at least 14 years of age may tell the court which parent they want to live with.
As your advocate, I present facts that support the parenting plan you want and protect you from attempts to discredit you as a parent.
Post-order custody disputes and modification requests
Custody disagreements and modification requests often arise after a divorce is final. Like initial custody decisions, these matters are also decided based on the child’s best interests. I represent parents in enforcement actions and in motions seeking modifications of child support orders.
Contact an effective Georgia child custody attorney
Thomas F. Tierney, Attorney at Law in Peachtree City and Newnan represents Georgia parents in all types of child custody matters. To schedule a consultation, call 770-631-1100 or contact my office online.
Family Law
Family Law
Peachtree City and Newnan Family Law Attorney Addresses Your Concerns
Experienced counsel for a range of legal issues impacting Georgia families
At the outset of a relationship, no one plans to go to court for a divorce or custody dispute, but life takes unexpected turns and circumstances sometimes require strong representation from an experienced family lawyer. What matters most in this moment is that you get the best legal advice and advocacy possible, so that you can maximize the likelihood of a favorable outcome. When you come to Thomas F. Tierney, Attorney at Law, you get the benefit of an attorney with more than 30 years of litigation experience. You also get my commitment to do my utmost to resolve your family law concern in a timely, cost-effective manner. From offices in Peachtree City and Newnan, I provide personalized counsel from start to finish, so you can be confident that you have a determined advocate addressing all your vital concerns.
Guiding you through the Georgia divorce process
If you’ve decided to dissolve your marriage, you’re bound to have any number of questions. What’s the best way to get divorced? How long does it take? How much is it going to cost? What about my kids and my property? The answers vary depending on your circumstances, which is why I take the time to meet with you and answer all your questions myself. Under Georgia law, spouses seeking a divorce must already be separated in a legal sense before either can file a petition to dissolve their marriage. You have the option of seeking a “no fault” divorce or alleging marital misconduct on your spouse’s part. My firm explains the applicable laws and provides comprehensive counsel in both contested and uncontested divorce. Together, we can develop an appropriate strategy to secure favorable terms relating to alimony, child custody, child support and the division of your marital property.
Establishing child custody and visitation arrangements
Parents are often at odds over regarding living arrangements and how much time the kids should spend with each parent. Whether you are going through a divorce, are divorced, or were never married to your child’s other parent, I can help you assert your right to maintain frequent, meaningful contact with your son or daughter.
Resolving child support disputes in Georgia
Children in Georgia are entitled to monetary support from both of their parents. But how much that support should be is often a matter of contention. Whether you expect to receive support payments or are obligated to pay, I can help you pursue a fair order that reflects the reality of your financial situation and your children’s needs.
Addressing alimony issues
Spousal support is often an issue, especially when one party has sacrificed their earning potential to further the other’s career or to be the primary caretaker of their children. I help my clients obtain reasonable alimony order through negotiation or by making effective arguments in court based on a range of factors outlined in Georgia law.
Modifying existing family law orders
While I aim to find lasting solutions to family law controversies, life seldom consists of a straight path forward. When it becomes necessary to revisit court orders for child custody, child support or alimony, I work diligently to protect my client’s interests. My firm represents clients seeking to modify orders, as well as those who oppose requested changes.
Contact an experienced Peachtree City family law attorney
Thomas F. Tierney, Attorney at Law in Peachtree City and Newnan represents Georgia clients in divorces and other family law matters. To set up a meeting, please call 770-631-1100 or contact me online. Free telephone consultations are available.
“Navigating the complexities of family law with compassion and expertise. Your story matters, and I’m here to help you through it.”
— Thomas F. Tierney, Esq.