Alpharetta Divorce Lawyer

Sometimes married couples fall out of love, and divorces are unfortunately frequent. If you are considering ending your marriage, you should get in touch with a seasoned family law attorney. An experienced Alpharetta divorce lawyer can help you through the process of dissolution and work with you to pursue fair and equitable results through litigation.

Is It Better to File for Divorce or Annulment?

Some estranged partners may try to avoid divorce altogether and instead have their marriage annulled. However, only specific circumstances may warrant an annulment. According to the Official Code of Georgia § 19-4-2, couples have the ability to file a petition for either divorce or annulment.

Family courts typically only allow an annulment when a marriage is deemed “void by law.” Circumstances that make a marriage void include:

  • One or both spouses were underage at the time of marriage and did not have parental consent;
  • The spouses are closely related by blood;
  • A spouse was married to someone else when the marriage occurred.

An annulment might also be available when one spouse did not consent to the marriage or married due to fraud or duress.

Divorce can be a much longer procedure, as it concerns the final dissolution of a legal marriage. For this reason, it could be substantially beneficial to retain a skilled Alpharetta divorce attorney before entering litigation.

Legal Reasons for a Divorce

A spouse must petition the courts for divorce by listing the reasons for wanting to leave their marriage. O.C.G.A. § 19-5-3 lists 13 circumstances that provide legal grounds for a divorce. A couple may file for the dissolution of their marriage for the following reasons, among others:

  • Pregnancy by a man other than the husband
  • Cruel treatmentsuch as assault or battery
  • Persistent intoxication or drug addiction
  • Adultery
  • Continuous abandonment for 12 months or more
  • Irretrievably broken marriage

Some spouses may cite more than one justification for the ending of their marriage. A knowledgeable divorce attorney in Alpharetta should be familiar with the various legal grounds for marriage dissolution.

Differences Between Fault-Based and No-Fault Divorce

The grounds for divorce greatly impact how the matter will proceed. When a spouse chooses a fault-based ground, like adultery, they must present evidence to the court establishing their spouse’s misconduct. When a spouse chooses the no-fault ground that the marriage is irretrievably broken, there is no need to provide evidence of a broken marriage.

Choosing to cite the no-fault ground for divorce typically reduces legal fees because an Alpharetta attorney need not find, collect, and present proof of marital misconduct. No-fault divorces tend to conclude more quickly and with less animosity. However, there may be advantages to citing a fault-based ground in a specific case, so anyone preparing to file for divorce should discuss the grounds with a skilled lawyer.

The Difference Between Contested and Uncontested Divorce

Some couples reach a divorce settlement before they file for divorce. They work together, with a mediator, or through their legal representatives, to divide their property, decide on alimony, and make arrangements for their children.

When a couple has signed agreements addressing all the relevant issues, they can submit the agreements with their divorce petition. The Family Court judge will review the agreements and grant a divorce if the agreements are in order. The couple should have an Alpharetta attorney review their divorce settlement before submitting it to the court to ensure everything is in order.

When the couple does not agree on all the relevant issues before one spouse files the divorce petition, the couple has a contested divorce. A couple can have a contested divorce even when the petitioning spouse cites no-fault grounds. Conversely, when a spouse cites fault-based grounds, the divorce is contested unless the other spouse admits fault.

Is There a Waiting Period for Divorcing?

The law does not allow for an instantaneous divorce in Georgia. Instead, there is a waiting period that applies to every case. This is true whether the applicant pursued a fault-based divorce (in which case the waiting period is 46 days) or if they filed a no-fault petition, which must wait 31 days.

This waiting period begins to expire when the initial divorce papers are served. The court will keep track of this deadline and will not issue a decree until the deadline expires. This is true even if both parties are in agreement on every major issue in the case.

The purpose of the waiting period is to ensure that the non-filing spouse has ample time to object if they choose to do so.

Residency Requirements for Divorce

As is the case with every jurisdiction, there are residency requirements that apply to anyone seeking a divorce in Georgia. In order for a spouse to successfully file for divorce in Alpharetta, they must meet the residency requirements set out in state law.

For a divorce case to proceed, at least one of the spouses must be a resident of Georgia. If neither party is a resident of the state, the courts will generally not allow divorce proceedings to move forward.

Under the law, residency involves a party living within the boundaries of the state for at least six months before they file for divorce. It is important to note that the filing spouse does not have to live within the state, as long as the other party does.

There is another location-based requirement under the law as well. Not only must a spouse file in the appropriate state, they must also file in the correct county. A divorce petition must be filed in the Superior Court of the county where one of the spouses resides. Filing a petition in the wrong court could see it dismissed.

There is no simple workaround in this situation. The court will not allow a spouse to waive these requirements, meaning that at least one spouse must become a resident of the state for the minimum amount of time before a divorce is a possibility. An Alpharetta divorce attorney could help ensure couples understand these requirements and whether they meet them.

How Is Property Divided in Alpharetta?

One of the most complex aspects of divorcing is dividing the marital property. Often, the conflict that surrounds this division of property can be extensive.

Dividing property within a marriage can be complex. For starters, the court must first determine what property—if any—should be split between the couple. The court will only divide marital property, which is generally property obtained during the course of the marriage, with a few exceptions. Individual property that belongs to one spouse or the other is free from the risk of division.

The courts in these cases rely on an equitable division of property. That means a judge will divide the property in a way that is fair—even if one party gets more than the other. An Alpharetta attorney can help divorcing parties navigate this aspect of their separation.

Spousal Maintenance After Divorce

Spousal maintenance, or alimony, might be necessary for some couples. O.C.G.A. § 19-6-5 mandates that courts take several variables into consideration when deciding whether and to what degree to allow alimony. When fashioning an order for spousal maintenance, a judge may consider the ages and educational levels of both partners as well as their current standards of living, the length of their marriage, and the financial resources of each party.

Alimony can also be ordered temporarily in order to allow time for the receiving spouse to complete an educational program that may augment their earning capacity. Once retained, a diligent divorce attorney in Alpharetta can provide further details on spousal maintenance orders and how they change with circumstances.

Resolving Child Custody Issues

Determining how the parents will divide time with their children is often one of the most challenging aspects of a divorce. The law does not favor mothers over fathers in custody matters. Instead, the Official Code of Georgia §19-9-3 requires judges to make custody decisions based on the best interests of the children.

Ideally, parents work together to craft a plan that addresses when the children will spend time with each parent, how the parents will allocate decision-making responsibility for the children, how they will manage transportation, including hand-offs and pick-ups, and similar issues. When the parents cannot reach a plan through negotiation, each parent submits their preferred parenting plan, and the family court judge decides between them.

Judges often ask third parties to weigh in when the parents cannot agree on a custody plan. The judge may appoint a Guardian ad Litem for the children, request a custody evaluator to investigate both households, order psychological evaluations of the parents and children, or take any other steps the judge feels would help them make an informed decision. Divorcing Alpharetta parents in custody disputes should work closely with an experienced attorney to help them meet their custody goals.

Limiting Parenting Time

Sometimes one spouse believes the other should not have time with the children. Judges typically will not deprive a parent of access to their children unless there is evidence that the parent poses a danger to the children or cannot provide a safe or healthy environment for them. When a parent can prove the other parent poses a risk, a family court judge may order sole physical custody to one parent but allow the other to spend time with the children under supervision.

Make an Appointment with an Alpharetta Divorce Attorney Today

Going through a divorce may not be a pleasant experience, but retaining skilled legal counsel could make the process easier. An Alpharetta divorce lawyer can help you take the lead in your case and solidify your goals for exiting your marriage. Call today to schedule an initial consultation with our intake team.

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