Atlanta, GA Out of State Divorce Lawyer

Divorce is often a complicated legal proceeding, and it is more complex when one spouse lives out of state. You will need a knowledgeable Atlanta, GA out of state divorce lawyer to help you manage your divorce efficiently.

Our team of legal professionals is skilled at handling all types of family law matters. We will discuss your goals with you and pursue a strategy that provides the best chance of meeting them.

Deciding Where to Get Divorced

It is wise to consult an Atlanta family law attorney before a divorce filing when spouses live in different states. Depending on your specific goals, differences in the law may make it advantageous to file in one state versus the other.

When another state might provide a more favorable venue, a member of our team licensed in that state could be the lead attorney on the case. If none of our attorneys are licensed in that state, we could refer you to colleagues who can handle the matter.

Property Division

Georgia follows the equitable distribution model for dividing property. Judges split a couple’s assets in a way that seems fair, given the circumstances. Some states follow a community property system that often produces a more even split.

Alimony

Georgia courts sometimes award alimony, but it is not automatic. Alimony is typically awarded only when the marriage has endured at least ten years and one spouse is not able to support themselves. It is usually temporary. Some other states award alimony more liberally, which could be an important consideration in deciding where to divorce.

Child Custody

Almost all states award child custody based on the best interests of the child standard, and state laws expect judges to consider similar factors when making custody decisions. When parents live in different states, joint physical custody is usually not feasible, but courts in all states strive to involve both parents in the children’s lives to the best of their ability.

Initiating a Divorce in Georgia

A divorce is a form of lawsuit. It begins when one spouse files a petition with the court seeking a dissolution of marriage. The Official Code of Georgia §19-5-2 allows a couple to get divorced in a Georgia court if one of the spouses has resided in the state for at least six months prior to the divorce filing.

If the local spouse is filing for divorce, they may file in the Superior Court of the county where they reside. When the out of state spouse files for divorce against a Georgia resident, they must file in the Superior Court of the county where the spouse resides.

In either case, the other spouse must receive official service of the divorce petition and supporting documents. When spouses agree, they can waive personal service which saves money and time. If necessary, an out-of-state divorce attorney in Atlanta can explain the service requirements and ensure the papers are served correctly.

A Negotiated Settlement Can Ease the Process

Many couples who are living in separate states have already figured out many of the issues they need to resolve to get a divorce. They can avoid some of the inconvenience of an out of state divorce by negotiating a settlement before they file the divorce papers.

If the couple is on the same page about property division, alimony, and child custody and support, an Atlanta out of state divorce attorney can draft a settlement agreement that both parties will sign. The settlement agreement can be filed with a divorce petition, and the judge will review it. If the judge accepts the agreement, they may issue a divorce within a few weeks without a hearing.

When a spouse files for divorce before the couple has agreed on a settlement, the Fulton County Family Court requires the parties to engage in a series of status conferences to facilitate an agreement. Attending these conferences could be inconvenient for the spouse who lives out of state, which is an additional incentive to resolve outstanding issues before litigating the divorce when possible.

Consult an Atlanta Family Attorney About Out of State Divorce

Divorcing when one of you lives out of state can be a hassle, but you can minimize the inconvenience in many cases. One of our knowledgeable Atlanta, GA out-of-state divorce lawyers can advise you about where to file, ensure you comply with procedural requirements, and help you negotiate a settlement that meets your goals.

We offer a free, no-obligation meeting with a team member to review your legal needs. Schedule a consultation today.