Atlanta, GA Divorce Lawyer
When you are facing the prospect of divorce, you should never have to do so alone. In addition to the emotional difficulties that an individual may face, there are complex legal issues that are a part of any divorce, and a single misstep during the process could cause long-lasting consequences.
You deserve legal counsel that will serve as your advocate during the divorce process. An Atlanta, GA divorce lawyer can advise you on your options and ensure your rights are protected. Discuss your case with a skilled family attorney from our firm before attempting to resolve it on your own.
What Are the Grounds for a Divorce in Atlanta?
In Georgia, you must have a valid reason (grounds) for seeking a divorce before the family courts will give you one. There are 13 grounds people can assert as the basis for dissolving their marriage, including:
- Adultery;
- Intermarriage with a close relative;
- Habitual drinking or drug addiction;
- Irretrievable breakdown of the marriage;
- Willful and continued desertion of one spouse for one year;
- Cruel treatment by one spouse that threatens the other spouse’s life or health.
Talking to an Atlanta, GA divorce attorney can help you understand if these or other factors apply to your situation. Our team can also help you gather the necessary evidence to prove the basis for which you are seeking a divorce if necessary. If your spouse is the one who started the divorce process, we can help you determine how and when to respond.
What Is the Difference Between Contested and Uncontested Divorce?
In general, an uncontested divorce is where you and your spouse agree on all issues prior to filing with the court. For example, your divorce attorney in Atlanta, GA would help you negotiate a settlement for spousal support and child custody and present this to the judge for approval. To get an uncontested divorce, you and your spouse would need to settle all legal issues without the judge or a trial.
In contrast, if you and your spouse disagree about things like who should get the house or the kids, a contested divorce may be your best option. Additionally, the divorce becomes contested if one spouse wants to end the marriage but the other does not.
Understanding Residency Requirements
Not everyone qualifies for a divorce in Georgia. This is because of the residency requirements that are built into state divorce statutes. To dissolve your marriage, you must meet the minimum requirements outlined in the Official Code of Georgia § 19-5-2. This includes requiring a spouse to live in the state for at least six months before either spouse files a divorce petition. Only one spouse must meet this requirement, and it does not have to be the one filing the petition.
When both spouses have been Georgia residents for six months or longer, the person filing for divorce must do so in the Superior Court of the county where the other spouse lives. There are also special considerations for couples who are in the military or where one spouse lives out of state.
Residency requirements are only one of the hurdles you must jump through to dissolve your marriage. The good news is that you do not have to face this process alone. An Atlanta divorce attorney could assist you every step of the way and ensure you are aware of your rights and responsibilities.
How Long Does a Divorce Take in Georgia?
The amount of time your divorce case takes to resolve will vary and depends largely on the type of divorce you are pursuing. If you and your spouse have agreed on all relevant issues, including child support, custody, property division, and alimony, you may be seeking an uncontested divorce. Uncontested divorces are often finalized in relatively short order. The only limitation is the minimum waiting period that applies to every divorce case. For no-fault, uncontested divorces, this is 31 days. The waiting period is 46 days for a fault-based or contested divorce.
Contested divorces can take much longer to finalize. This is because disputed issues must be resolved before the judge approves a final decree. When spouses cannot agree on important issues in their divorce, litigation becomes necessary. Some divorce cases can last for years when they are contested. Mediation is often a powerful tool for minimizing the length, cost, and overall hardship of contested issues. In either circumstance, a trusted Atlanta attorney can help protect a spouse’s best interests when they are facing a divorce.
Fulton County Divorce Process
Divorces in Atlanta will be heard in the Fulton County Superior Court. This court has implemented procedures to streamline the process for a contested divorce. It involves a series of meetings at the courthouse with a court officer rather than a judge. The court officer will track progress in resolving disputes and spur the couple to come to an agreement out of court rather than take a case to trial.
The spouses must attend a status conference with their attorneys 30 days after both have submitted their divorce filings. A court official meets with the parties to identify the issues in dispute and to impose a schedule for discovery. Discovery is an exchange of financial information and other documents relevant to the divorce.
Status conferences are scheduled regularly to keep the court informed of the couple’s progress in working out their differences. When the couple seems stuck, the court officer can order them to engage in mediation to resolve their issues. Ideally, the couple will resolve the issues that divide them, submit a written settlement agreement with the court, and obtain their divorce without the need for a trial. If a trial does become necessary, an Atlanta, GA divorce attorney can help represent a person’s best interests.
How Divorce Courts Divide Property
A major issue in many divorce cases is the division of marital property. Like many jurisdictions, the judges in Georgia are required by law to divide property on an equitable basis. With “equitable division,” the court approaches this process with the intention of divvying up the property fairly—even if that means one spouse gets more than the other. This is different from some states that require a 50-50 split.
In general, any property that either spouse owned before marriage is their separate property. Anything they inherited or received as a gift during the marriage is also their separate property. Everything else the couple acquired during the marriage, as a couple or separately, is marital property and subject to division.
The process of dividing marital property—or simply determining what property is owned jointly by the spouses—can be complex. Couples can rely on the guidance of skilled Atlanta, GA attorneys to help them ensure they are treated fairly when marital property is divided during divorce.
Joint Parenting Plans Usually Produce the Best Results
Georgia law requires parents to submit a parenting plan to the court. The judge must approve it and incorporate it into an enforceable order before a divorce can become final. Even when parents have a contested divorce, it is advisable for them to work together to develop a co-parenting plan.
The parenting plan is a detailed roadmap for how the parents will manage their responsibilities toward their children. They must determine whether one parent will have decision-making responsibility or whether they will share it. They also must decide how much time the children will spend with each parent, how they will handle transportation, who will pay child support, and how much.
When parents cannot agree on a plan, each submits their preferred plan to the judge. The judge can either pick a plan or substitute their own. Everyone, especially the children, benefits when parents work together to come up with a plan that is reasonable and workable for their family. A divorce lawyer in Atlanta, GA can advise on whether a proposed plan is likely to face approval or denial and give a parent the best chance of securing their desired outcome.
How Divorce Courts Decide Child Custody When Parents Do Not Agree
When judges must decide on issues involving children, their sole focus is the children’s best interests. The parents’ needs and preferences are secondary.
The Official Code of Georgia Annotated §19-3-3 lists multiple factors the family judge can evaluate when deciding whether a custody decision is in the child’s best interests, but judges have broad discretion to consider anything that seems relevant to them.
The judge can appoint a custody evaluator to make a recommendation about which parent should have custody. The custody evaluator is a licensed mental health professional. They will conduct psychological tests, evaluate a detailed questionnaire each parent must complete, and observe each parent with the children. The evaluator makes written findings with their recommendation and how they came to their decision. The judge does not need to adopt the evaluator’s recommendation, but it often has significant weight in the decision. Working with an Atlanta divorce attorney can help a parent understand what to expect and how best to represent themselves.
Talk to an Atlanta, GA Divorce Attorney Today
Divorce is rarely easy, but it often leads to a brighter future for those involved. You deserve to move forward in life with your rights protected throughout the divorce process.
You could benefit from discussing your options with an Atlanta, GA divorce lawyer. Reach out right away for your confidential consultation with one of our experienced team members.
