Although few people want to go through a divorce, sometimes dissolving a marriage produces the best future outcome for both individuals. The process of getting a divorce, however, can still be difficult no matter whether the circumstances are positive or negative. If you have questions on how to file for divorce or what the process entails, get in touch with a Cumming divorce lawyer sooner rather than later. Our compassionate family attorneys could answer any questions you may have and may be able to recommend a course of action that fits your situation. If necessary, we could even represent you in court hearings to help protect your interests and your assets.
Obtaining a Legal Divorce
Georgia law generally restricts divorces to those who either reside in the state or have a spouse that resides in the state, according to Official Code of Georgia Annotated §19-5-2. To file for divorce, an individual must usually file a divorce petition, which—as O.C.G.A. §19-5-5 mandates—must contain the following information:
- Residence or address of the other spouse;
- Date of the marriage;
- Date of the separation;
- Statutory ground upon which divorce is sought.
Additionally, if the couple has any minor children, the divorce petition must list those children and their ages so that a court may properly decide child custody. A Cumming divorce attorney could help with both drafting this petition and ensuring all the information included in it is correct.
Grounds for Divorce
Georgia recognizes several grounds for divorce under O.C.G.A. §19-5-3. These include:
- Adultery;
- Willful desertion for a year or more;
- Conviction of certain criminal offenses that result in imprisonment for two years or more;
- Habitual intoxication;
- Cruel treatment;
- Habitual drug addiction.
Additionally, Georgia recognizes so-called “no-fault” divorces, in which an individual acknowledges that there has been an irretrievable breakdown of the marriage but alleges no specific fault or reason. A divorce attorney in Cumming could provide more information on no-fault divorces and how courts typically handle such cases.
Divorce Defenses
Georgia allows individuals to defend against certain grounds for divorce. If a person proves any of the following defenses, courts may not grant the divorce in accordance with O.C.G.A. §19-5-4:
- Collusion with the intent to cause a divorce;
- Consent;
- Like conduct;
- Condonation and cohabitation.
For example, if a person files a divorce petition alleging adultery, then their spouse may be able to defend against the dissolution if they consented to the adultery or if they themselves also committed adultery. The latter example is what would be known as “like conduct.” Additionally, a court may refuse to grant a divorce in cases where one spouse condoned the other’s conduct and continued to live with them after the fact. A Cumming attorney could help with these common occurrences in your dissolution of marriage.
Property Transfers
Georgia also generally forbids either spouse from transferring property while a divorce petition is pending, according to O.C.G.A. §19-5-7. The purpose of this statute is to prevent individuals from transferring property specifically to prevent the court from granting that property to their spouse as part of the divorce process.
Consult with a Cumming Divorce Attorney for Advice
Many people who need or want a divorce have never been through the process before. As a result, they may have many questions about what to do and what kind of paperwork they need to file.
Our legal team could help answer these questions for you and much more. A qualified Cumming divorce lawyer from our firm could use their experience and familiarity with Georgia law to help prevent things from going wrong and give you the representation you deserve. Call today for considerate and professional help with your divorce proceedings.
