Divorce can be one of the most frustrating and emotionally trying times in a person’s life. Consulting with an experienced family law attorney early in the process can help avoid conflict and tension in the marriage dissolution process.
A Crabapple divorce lawyer can help you understand important aspects of ending a marriage, including spousal and/or child support, child custody, and how marital property will be divided. A member of our team can also help get the filing process for divorce started and handle negotiations with your spouse and/or their legal representative.
You can file either a “no-fault” or “fault-based” divorce, as well as contested or uncontested. You must have lived in the State of Georgia for at least six months before you can initiate proceedings.
To file an uncontested divorce, couples must agree on all aspects of the termination of their marriage, from child custody and spousal support to the division of marital property. If a couple can agree on how to resolve these issues, an uncontested divorce is a less expensive option for dissolving a marriage. A Cumming attorney can help spouses draft an agreement which defines the terms of their divorce and present it to a judge for final approval.
Alternatively, individuals who disagree on one or more aspects of the dissolution of their marriage must file for a contested divorce. In a contested case, the court will hear arguments from both spouses regarding their unresolved marital issues, such as spousal support, child custody, and/or asset division and make a final ruling on their behalf. One of our team members can advocate on behalf of either spouse to ensure their interests are represented in a contested case.
No-fault divorces can be filed by spouses whose marriages are ending as a result of unreconcilable differences. In other words, neither spouse blames the other for the end of their marriage.
When a marriage ends because of the actions of one or both spouses, either party may file a fault-based divorce. Official Code of Georgia Annotated §19-5-3 (1-12) allows spouses to file for divorce if their partner engages in misconduct such as adultery, abuse, mental incapacity, or habitual drinking, drug, or other substance abuse. These are known as fault-based grounds and must be cited as the reason for a marriage’s breakdown in a Petition for Marriage Dissolution.
Individuals who wish to separate but not divorce can seek an order for separate maintenance from a local judge. For example, individuals may need to maintain their marital status in order to access Social Security or insurance benefits. An order for separate maintenance would effectively address the same issues as a dissolution. A Crabapple attorney could help spouses who want to circumvent the divorce process find a viable solution.
Getting divorced can be a difficult process – both emotionally and financially – and the laws, fees, and forms can be confusing. Fortunately, a Crabapple divorce lawyer at our firm may be able to help. Our experienced attorneys have handled other cases similar to yours and can guide you through the marriage dissolution process, acting as strong advocate for your interests at every stage. Call our intake team to learn more about how we can help you.