Buckhead Divorce Requirements

Getting divorced is a big decision. Once you have decided, you probably want it to happen as quickly as possible so you can move on with your life.

Buckhead divorce requirements are fairly simple, and understanding them before you file can save you time and money. Reach out to our trusted divorce attorneys for more information you should know before you file for divorce in Georgia.

Eligibility to File for Divorce

The Official Code of Georgia § 19-5-2 requires you or your spouse to have Georgia residency before you can file for divorce. A person can establish Georgia residency by living in the state for the six months immediately preceding your filing. If you live in another state you can file for divorce here if your spouse is a state resident.

You begin the process by submitting a petition and supporting paperwork to the Superior Court in the county where you or your spouse resides. If you or your spouse lives in Buckhead, you must file for divorce in the Fulton County Superior Court. When you or your spouse has been stationed on a military base in the state for at least one year, the rules are a bit more flexible. You could file at the Superior Court of any county adjacent to the base. Our local team can prepare the petition and supporting documents and ensure all filing requirements are met.

Legal Grounds for Divorce

Any petition seeking a divorce must cite legal grounds to dissolve the marriage. The law offers 13 different grounds you could give as the legal reason you are entitled to end your marriage. Our Buckhead attorneys can discuss possible grounds to determine whether the best strategy is to cite fault-based grounds, no-fault grounds, or both.

The fault-based reasons for divorce include adultery, cruelty, habitual intoxication, and others. Fault-based grounds require the spouse citing them to prove them by presenting evidence to the court. However, you could use the no-fault ground and state that the marriage is irretrievably broken. This ground means that you and your spouse cannot get along well enough to maintain a marriage. It does not require either spouse to prove fault—the fact that one spouse says the marriage is not fixable is enough.

Settling Essential Issues

Divorcing requires you and your spouse to divide your property, decide whether one of you will pay spousal support to the other after the split, and arrange how you will co-parent your children. The way you handle these issues determines how long the divorce will take and how expensive it will be.

Uncontested Divorce

If you can agree on all the relevant issues beforehand, you could file for an uncontested divorce. In an uncontested divorce, you file your agreements with the divorce petition. The judge will review them and if everything is in order, you could receive your divorce decree within a few weeks after the mandatory waiting period of 31 days.

Anyone can get an uncontested divorce, but it often works best for couples without children, with little property, or with a prenuptial or marital agreement that addresses property division issues. It is also an attractive option for high net worth or high-profile couples who prefer to keep the details of their divorce as private as possible.

Contested Divorce

Many couples cannot resolve all their issues before they file for divorce, so one of them files a divorce petition and serves the other, beginning a court case. Each side works with a Buckhead divorce attorney to represent their interests.

One important benefit of a contested divorce is that each side must make sworn comprehensive financial disclosures. If you believe your spouse is hiding income or assets, filing for a contested divorce could be a good strategic decision. It forces the spouse to reveal all their income and holdings on penalty of perjury.

The contested divorce process in Fulton County requires a series of status conferences before the case is scheduled for a trial. You and your spouse, your lawyers, and the hearing officer often can make progress settling outstanding issues at these conferences or through mediation.

Contact a Buckhead Attorney About the Requirements of Filing for Divorce

Divorce can raise complex legal issues, and it is always difficult emotionally. A knowledgeable attorney can help move the process forward as smoothly as possible while protecting your rights.

Get in touch with a legal professional from our firm about Buckhead divorce requirements and other issues regarding the dissolution of your marriage. Call today.

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