Sometimes married couples fall out of love, and divorces are unfortunately frequent in Atlanta. If you are considering ending your marriage, you should get in touch with a seasoned family law attorney. An experienced Atlanta 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 in Atlanta 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.
Atlanta courts typically only allow an annulment when a marriage is deemed “void by law.” Divorce, on the other hand, 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 Atlanta divorce attorney before entering litigation.
Legal Reasons for a Divorce in Atlanta
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:
- Pregnancy by a man other than the husband
- Cruel treatment such as assault or battery
- Persistent intoxication or drug addiction
- Adultery
- Continuous abandonment for 12 months or more
- Irretrievably broken marriage
Some spouses many cite more than one justification for the ending of their marriage. A knowledgeable divorce lawyer in Atlanta should be familiar with the various legal grounds for marriage dissolution.
What Is a Total Divorce Decree?
A judge’s final decree of divorce legally dissolves a marriage, which means that either ex-spouse is free to marry again if they so desire. Spouses who changed their last name after getting married would be able to revert their last name back to any previous name, including their maiden name.
Spousal Maintenance After Divorce
Spousal maintenance, or alimony, might be necessary for some Atlanta 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 Atlanta can provide further details on spousal maintenance orders and how they change with circumstances.
Make an Appointment with an Atlanta Divorce Attorney Today
Going through a divorce may not be a pleasant experience, but retaining skilled legal counsel could make the process easier. An Atlanta 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.
