Divorce Requirements in Alpharetta
Divorces can be stressful for all involved parties, as family law and the local legal system are very complex. An experienced attorney can explain the process of dissolving a marriage and help you satisfy the divorce requirements in Alpharetta. Let a compassionate legal representative from our firm protect the best interests of your family.
Residency Requirements for Divorcing in Our Area
A person who has lived in Georgia for at least six consecutive months is considered a resident. According to state law, if you are the one filing for divorce, your spouse must be a Georgia resident. Although, the filing party doesn’t have to be a Georgia resident to initiate a divorce.
The six-month residency requirement prevents people who live in other states from strategically filing a divorce in Georgia to avoid their home state’s more rigid residency requirements. You must ensure that you satisfy the state’s residency requirements to avoid having your divorce case dismissed or denied by an Alpharetta family court.
Required Waiting Period
You can file a motion asking the court to issue a Final Judgment and Decree of Divorce after the required 31-day waiting period in an uncontested divorce. This waiting period starts once the initial divorce papers are served and cannot be shortened even if the parties request to terminate their marriage at an earlier date. This waiting period allows the responding party to contest the divorce and gives both spouses a chance to organize their evidence and documentation. A local attorney can answer your questions during this waiting period to ensure you meet all the requirements for divorce.
Grounds for Divorce
State law recognizes 13 no-fault and fault-based grounds for divorce. A no-fault divorce begins when either party files a Petition for Divorce stating that their marriage is irretrievably broken. The court may terminate their marriage 31 days after the responding spouse is served the Petition for Divorce.
Many parties choose not to use fault-based grounds to file for divorce because doing so requires proof. Fault-based grounds include adultery, marriage fraud, desertion for at least one year, and habitual intoxication or drug addiction. A qualified Alpharetta attorney can help you cite fault-based divorce grounds and ensure that you satisfy all the evidentiary requirements.
Grounds for Limited Divorce or Separation
Many spouses choose to file a limited divorce instead of an absolute divorce. Limited and absolute divorces are similar, except the former prevents parties from remarrying. Grounds for obtaining a limited divorce include desertion and voluntary separation with no hope of reconciliation.
A person must meet several legal requirements to obtain a limited divorce in Alpharetta. Limited divorces can involve property distribution, spousal support, and child custody. A skilled lawyer can help you decide which type of divorce is in your best interest.
Let an Attorney Help You Fulfill Alpharetta’s Divorce Requirements
Divorces often involve complex legal issues such as spousal maintenance, child support, asset division, and child custody. Many divorcing spouses consult with local attorneys to increase their chances of achieving a fair resolution to their case.
A diligent lawyer from our firm can help you meet the divorce requirements in Alpharetta and answer your legal questions. Let us help you complete the required paperwork and submit it to the court on your behalf. Contact our intake team today to speak to a professional about your legal options.
