Even if divorce is the right course of action for both you and your spouse, the legal process of dissolving a marriage can be immensely complex. If you and your ex disagree on any aspect of your separation, you may be in for a lengthy and potentially stressful court battle.
Fortunately, seeking a mutually beneficial resolution to your marriage can be made easier with help from a Cherokee County divorce lawyer. By hiring a seasoned family law attorney to help in your case, you can put yourself in a much better position to negotiate for favorable terms and ensure your rights and best interests are protected.
The simplest way for a married couple in our area to legally terminate their union is to pursue a no-fault divorce. This type of divorce does not require either party to name specific grounds for the end of their marriage. Instead, the filing party must only affirm that an “irretrievable breakdown” has occurred within their marriage to qualify for a no-fault divorce.
To file for divorce in the state of Georgia, either you or your spouse must have been a resident of the state for a minimum of six months. Additionally, there is a required waiting period of at least 31 days after divorce papers have been served to the responding spouse before the court can formally grant that divorce.
While the waiting period for divorces based on fault grounds such as adultery, cruelty, insanity, or desertion is only 46 days after service, they often end up taking much longer to finalize. This is largely due to the filing spouse’s responsibility to prove the validity of their grounds for divorce, as well as the respondent spouse’s right to contest the claims made against them. A Cherokee County divorce attorney can help you determine which filing option may be best for your specific circumstances. We also handles divorce among LGBTQ couples.
Before a divorce decree can be issued, both parties must come to an agreement on their contested marital issues. If you and your ex are unable to reach an agreement, the court would have to make decisions for you regarding ownership of marital assets, custody of children, obligations for child support and/or spousal support, and more.
Third-party mediation can make a huge difference in settling these issues, as long as both parties are willing to work together in good faith. Regardless of how successful mediation may be, certain matters may require court intervention to properly address. Either way, representation from a skilled lawyer in Cherokee County during mediation or at trial can help ensure that your rights and wishes are respected and upheld during divorce proceedings.
While state law does not require you to retain an attorney for your divorce, unrepresented parties often have immense difficulty pursuing favorable outcomes when it comes to division of assets (especially those considered high-asset), assignment of support obligations, and sometimes even receiving or retaining child custody rights.
An experienced Cherokee County divorce lawyer can provide crucial and compassionate guidance and insight during every step of your case. To get a better idea of what our team could do for you, call today and schedule an initial consultation.