Fulton County Divorce Process

Animosity between divorcing spouses, confusion over jurisdiction, or a marital agreement can complicate the Fulton County divorce process. Divorcing spouses have the option to obtain legal representation. An experienced divorce attorney could explain what goes into dissolving a marriage and file all legal documents on your behalf.

Filing a Petition and Temporary Orders

You can begin the divorce process by filing a Petition for Divorce in Fulton County Superior Court. You may include your terms for spousal support, property division, attorneys’ fees, and child custody.

If you file for divorce, your spouse must file an Answer and Counterclaim in response to your petition and include any defenses or counterclaims they may have against you. The party who is served with a complaint must respond within 30 days of being served.

Divorce can be a lengthy process. Either party can request a temporary hearing to handle essential matters such as child custody or interim bill payment during the pendency of their case. A qualified attorney can assist you with the divorce process by preparing and filing an answer and explaining your options for requesting a temporary court order.

Discovery and Alternative Dispute Resolution

The discovery process begins once an answer to the original petition is filed. This is an opportunity for the parties to collect relevant information and evidence. There are various formal and informal methods of discovery in Georgia, such as:

  • Interrogatories;
  • Requests for production;
  • Requests to admit;
  • Depositions; and
  • Joint bank statements.

Alternative Dispute Resolution (ADR) is a procedure for resolving disputes outside of the courtroom and without litigation, such as arbitration, mediation, negotiation settlements, and case evaluations. ADR procedures are typically less expensive and less time-consuming than litigation.

Most Fulton County judges require divorcing couples to engage in alternative dispute resolutions to reach an agreement. One of our attorneys can explain the benefits of ADR in the local divorce process.

Trial and Appeal

A judge will schedule a final trial for divorcing parties who are unable to reach an agreement. You are entitled to a jury trial in most cases. However, juries cannot rule on child custody, visitation, or whether a spouse is entitled to an award of attorneys’ fees.

Both spouses may be able to appeal a family court’s decision if an error occurred during the divorce process. However, local appellate courts rarely overturn a judge’s decision in a divorce case. You could also file a motion to modify the divorce decree under certain circumstances for court orders related to alimony and child support.

A diligent Fulton County attorney can increase your likelihood of receiving a favorable outcome in the divorce process. For example, our team can help ensure that an appeal or motion to modify complies with procedural requirements.

Ask a Fulton County Attorney about the Divorce Process

The outcome of a divorce case has the potential to affect your future. Let us help you understand your rights to ensure the dissolution of your marriage goes as smoothly as possible.

A competent attorney can clarify any misunderstandings or misconceptions you may have about the Fulton County divorce process. We can help you achieve your desired outcomes, such as ownership of property, spousal support, and custody of your children. Contact our intake team today to discuss your case.

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