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Most people who have been through a divorce could confirm that the entire process is mentally and emotionally stressful. Not only do you have to handle the practical implications of starting a new life, but you also have to worry about legal filings and deadlines.

In these situations, your best move may be to hire a Cobb County divorce lawyer to help you with your case. A capable family attorney from our team could assist you through all phases of the divorce process. They could also answer any questions you may have and represent your interests in negotiations or in court.

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    Local Divorce Laws

    Georgia state law authorizes thirteen separate grounds for filing for divorce. Under Official Code of Georgia Annotated §19-5-3, an individual may file for divorce for any of the following reasons:

    • Mental incapacity at the time of the marriage
    • Force, duress, or fraud in obtaining the marriage
    • Adultery
    • Imprisonment for a moral turpitude crime for two years or more
    • Habitual intoxication
    • Cruel treatment

    Additionally, state law permits so-called “no-fault” divorces, in which either individual claims the marriage is irretrievably broken without alleging specific fault. In these situations, local divorce courts would not grant a marriage dissolution until after 30 days have passed, according to O.C.G.A. §19-5-3.

    Divorce Petitions

    To file for divorce in Georgia, an individual must usually have been a state resident for at least the previous six months, according to O.C.G.A. §19-5-2. However, out-of-state residents are allowed to apply for a divorce if their spouse has been a Georgia resident for at least the previous six months.

    Under O.C.G.A. §19-5-5, a divorce petition must contain the following information:

    • Proof that the applicant is a resident of Georgia
    • The date of the marriage and any separation
    • The grounds for divorce
    • Whether there are any minor children in the marriage

    What is the Responsibility of the Respondent in a Cobb County Divorce?

    The individual responding to the divorce petition has the option to file a written demand for a detailed statement of the facts supporting the grounds for divorce, as per O.C.G.A. §19-5-5. This request must be filed before trial. A Cobb County, GA divorce attorney could provide additional information on divorce petitions and could help clients draft and file their petitions.

    What Defenses Are there to Divorce?

    Georgia law permits certain defenses in divorce cases based on adultery, desertion, cruel treatment, or habitual intoxication. If an individual or their lawyer is able to prove any of these defenses, a Cobb County divorce court or jury could refuse to grant the marriage dissolution. According to O.C.G.A. §19-5-4, these defenses may include:

    • Collusion with the intent to cause a divorce
    • Consent
    • Both parties are guilty of like conduct
    • Voluntary condonation and subsequent cohabitation

    For example, if an applicant files for divorce on the grounds of adultery, their spouse could claim that the applicant knew about, and consented to, that conduct. They could also claim that the applicant themselves were guilty of adultery. Finally, they could assert that their spouse condoned any affair and that both of them continued living together afterward.

    A Cobb County, GA Divorce Attorney is Available to Help

    Divorce can be a complicated process under even the most amicable circumstances. Individuals often have to pay attention to filing deadlines and make sure they receive their fair share of property when the divorce is finalized.

    For help with your divorce, contact a Cobb County divorce lawyer who has handled a variety of different kinds of divorces with different kinds of property. A qualified attorney could help protect your property rights, ensure that you receive your fair share, and conduct negotiations on your behalf, so you can focus on other aspects of your life. Call our intake team today to get started.

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