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. If you have agreed on property division, spousal support, and child custody matters 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.

Divide Property Equitably

Couples seeking a divorce or limited divorce must divide their property equitably. If you cannot reach a property settlement, a family court judge will review the evidence and decide for you.

Only Marital Property is Divided

Georgia family courts distinguish between marital property and separate property. Any property that either spouse brought into the marriage will remain their separate property if they treated it as separate during the marriage.

Any property that they acquired during the marriage is considered marital property. The couple must divide their marital property fairly, though the division need not be equal.

Determining an Equitable Division

Family court judges in Alpharetta examine numerous factors when determining a fair division of marital property. They consider both spouses’ economic and non-economic contributions to the marriage. Other relevant factors can include the value of each spouse’s personal property, the potential for each spouse to earn a living after divorce, and whether either spouse wasted marital assets.

Decide on Spousal Support

The Official Code of Georgia § 19-6-1 permits, but does not mandate, post-divorce alimony, often called spousal support. Couples are free to decide to waive alimony, or they can negotiate an acceptable arrangement regarding spousal support.

When a couple cannot agree, the court will consider spousal support. In the initial analysis, a family court judge will assess whether the requesting party needs the money for their basic support needs and whether the other party can afford to pay.

If the answer to both questions is yes, the court will evaluate several factors, including each party’s earning potential, whether one party should be the children’s full-time caretaker, and whether the receiving party requires time to develop skills to become self-supporting. The Alpharetta attorneys on our divorce law team can help you present a persuasive argument for or against alimony.

Make Arrangements for Your Children

The family courts in Georgia will not finalize a divorce until the judge has approved a parenting plan and issued it as an enforceable court order. The Official Code of Georgia § 19-9-1 describes the requirements for parenting plans.

A parenting plan must contain a schedule for where the children will sleep each night of the week for the upcoming year and how the family will observe holidays. Even when parents share time with the children roughly equally, one parent must be designated as the children’s primary custodian.

The parenting plan also must address decision-making responsibility and how parents will resolve differences of opinion regarding their children. Parenting plans are complex documents that can be difficult to negotiate. The legal professionals on our Alpharetta divorce team can assist you throughout the negotiating process and review a final plan to ensure it meets all legal requirements.

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.