Ask the Experts: Oxendine Family Law FAQs

We understand that the issues in family law can seem very complicated to the average person. Regardless of whether you are going through a divorce, settling a matter of child custody, or any other family law matter it’s a fact that these are complex issues and there are a lot of minute, specific details that need to be taken into account. This is why the legal experts here at Oxendine Law pride ourselves on arming our clients with the expertise and knowledge that only comes with years of practicing domestic litigation. With this in mind, we have taken some time to answer a few common questions that we have received from our clients over the years.

Question #1: Can a prenuptial agreement cover alimony and child support?

In some cases, a prenuptial agreement can be used to establish (or prevent) alimony payments in the event that a marriage ends in a divorce. However, matters of child custody or child support are typically not included in prenuptial agreements. Final decisions pertaining to custody are made by a judge in the best interest of the children. It’s also important to note that due to potentially changing circumstances that can affect the judge's decision, custody must be determined at the time of the dispute, not before when the prenup is written.

Question #2: How long does a divorce typically take to become final?

There is no set answer to this, as every marriage is different and no two divorce proceedings are exactly the same. Several factors including the assets being divided, child custody, and more can extend the length of divorce proceedings. Additionally, specific circumstances like high asset divorce can potentially complicate things further. The minimum amount of time to complete a divorce in Georgia is 31 days.

Question #3: Does a mediator act similarly to a judge?

No, a mediator is different from a judge in many ways. Most notably, it is not a mediator’s role to make determinations about which side is “right” and which is “wrong”. Although they might offer suggestions, a mediator will not present an opinion about how they think a specific case should be solved. The goal of a good mediator is to remain truly neutral in an effort to help guide both parties towards a resolution to their dispute. Mediation is a very effective way to resolve your case in a way that suits your best interests, rather than allowing a judge to make a binding decision as to the issues in your case.

We hope you found these answers helpful. In our experience, there’s no such thing as a small or invalid question when it comes to family law. That’s why we take the time to make sure we address all of our clients’ unresolved questions or concerns throughout the litigation process. For more information, or if you need assistance with anything relating to family law, contact Oxendine Law at (770) 497-8688 today. Don’t forget to follow us on Facebook, Instagram, and Twitter for additional information and updates.