Areas of Excellence

Benton Law specializes in the practice of family law. This firm is committed to delivering the best results possible for its clients. We do this by listening to your needs and formulating a strategic plan to achieve your goals whether that be to protect your assets, address the needs of your children and family, and/or protection of your business interests. We have skilled mediation and negotiation skills to help you resolve your issues. However, we are prepared to aggressively litigate your case in a courtroom when mediation is no longer an option to resolve your case.

Georgia is an equitable division property state. The factors considered in dividing marital property include the contributions each party made to the marriage and the customs of the parties with respect to their incomes. Benton Law is experienced in handling complex high-asset cases and in valuations of businesses and assets.

Because there is no formula for calculation of alimony, a client needs experienced counsel to pursue an appropriate award of alimony. Benton Law is experienced in handling and negotiating alimony settlements.

Georgia law requires both the mother and father to responsible for their children's financial support. Factors considered are each party's income and/ or ability to earn income and the expenses parents pay on behalf of their children (health insurance, extracurricular activities, educational expenses, and child care expenses). Benton Law will advocate for the appropriate child support award for your children.

The standard in the State of Georgia for determining custody is the best interests of the child. This standard gives a judge broad discretion in determining which parent receives physical custody of the children, the appropriate parenting time/visitation for each parent, and what role each parent will have in making important decisions about their child's health, education, extracurriculars, and religious training.

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Benton Law will help you resolve your custody issues through sound advice and with the goal of striving to do what is in the best interests of your children. While negotiation and mediation are the preferred methods of allowing parties to reach an agreement on custody, we are prepared to handle custody litigation before a judge when the parties cannot come to a resolution.

Many judges rely on the investigation and recommendation of an objective third party, called a Guardian ad Litem, to draft parenting plans and make recommendations to the court about custody, visitation, and decision-making on behalf of the child. A Guardian Ad Litem meets with the parties and the children, interviews third parties who have knowledge of each party's parenting style, and make a proposal to the Court about custody and visitation for the parties' children.

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Benton Law has experience working with clients in custody cases that require a Guardian ad Litem. Alice Benton also serves as a volunteer Guardian ad Litem for AVLF.

Mediation: The parties and their attorneys attend a mediation session with an independent, neutral third party, typically also a family law attorney or a senior status judge, to discuss settlement. While agreements reached at mediation are generally binding, the mediator does not have the authority to make a binding decision on the issues raised in the litigation and further, cannot testify if the matter reaches trial. Parties often agree to participate in mediation to try and resolve their case prior to a trial and many courts now require the parties to participate in at least one mediation session prior to a final hearing.

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Arbitration: Arbitration is binding upon the parties. The parties and their attorneys attend a confidential session with an independent, neutral third party who makes decisions regarding their case.

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Late Case Evaluation: The parties and their attorneys attend a confidential session with an independent, neutral third party who is an experienced domestic relations attorney and/or judge, who is not assigned to their case. The late case evaluator hears the arguments of both parties and makes non- binding recommendations concerning settlement based on his or her experience.