Gwinnett County Divorce Requirements
Whether you are ready to file for divorce or you are facing this emotional process despite your best efforts to save the marriage, it is important to understand your legal rights based on the facts and circumstances of your situation. Every state has its own requirements for getting a divorce, and Georgia is no different.
While Gwinnett County divorce requirements allow no-fault divorce, which means that you can get a divorce even if your spouse refuses to acknowledge the complaint, there are other legal thresholds that must be met to formally dissolve the marriage. A trusted divorce attorney can provide a comprehensive understanding of the requirements for your divorce case, help make sure the process goes smoothly, and assist you in making wise decisions throughout this journey.
Residency Requirements and Grounds to File for Divorce
If you want to file for divorce with the family court in any jurisdiction in the state of Georgia, you must fulfill certain eligibility requirements. Most importantly, this includes residency requirements. Either you or your spouse must have resided in the state for at least six months before you initiate divorce proceedings.
You must also decide on your grounds for divorce. In Gwinnett County, you can file for two types of divorce: fault-based and no-fault divorce. Fault grounds are not required to obtain a divorce, and fault-based cases tend to be more highly disputed and litigious than no-fault divorces. However, a petition for divorce on grounds of fault may be applicable in cases involving cruelty, desertion, fraud, adultery, incurable mental illness, or incarceration.
No-fault divorce is more common and can expedite the process from filing the initial petition to the family law court issuing the final divorce decree. A no-fault divorce asserts that the marriage should be dissolved because the union has irretrievably broken down. After divorce papers are filed and served, there is a 30-day waiting period before the marriage can officially be dissolved.
Top Issues in Divorce Cases
Divorce cases in Gwinnett County can involve numerous potential concerns, and the requirements to resolve these issues will depend on whether the divorce is uncontested or contested. With an uncontested divorce, the parties generally agree about the key aspects of the case and can typically settle out of court.
Uncontested Divorces
When one spouse files and serves divorce papers on the other and the latter does not respond, the divorce may also be considered uncontested. After the appropriate waiting period has passed, the judge may issue the final decree.
Contested Divorces
Conversely, contested divorces occur when the parties disagree about one or more core issues at the center of the proceedings. A contested divorce may result in the parties going to trial or could require alternative dispute resolution methods such as mediation or arbitration. The top issues in divorce typically pertain to alimony, child custody, child support, and property division.
Child Custody
Child custody matters will be resolved according to what is in the child’s best interests. Most courts favor an arrangement that allows both parents to play an active role in the child’s life.
Child Support
Both parents are required to ensure the care and financial maintenance of their child. The parent who does not have primary custody typically makes child support payments to the other parent.
Division of Property
Additionally, Georgia is an equitable distribution state, meaning all marital assets and debt must be divided fairly, although that does not necessarily mean a 50-50 split.
As you can see, the divorce process can be quite complicated. Finding the right attorney can make a significant difference in the outcome of your case and the resolution of all vital concerns involved.
An Attorney Can Explain Gwinnett County’s Divorce Requirements
Whether your divorce is contested or uncontested, you should not approach any of the central steps without legal representation. An attorney can provide critical guidance on all Gwinnett County divorce requirements while working to help you navigate issues like alimony, child custody, and child support as seamlessly as possible.
If you have received a complaint for divorce, our team can help you file your response in a timely manner and navigate all phases of dispute resolution in and outside of the courtroom. Our legal team can make every effort to help you achieve a smooth, successful divorce, providing tailored solutions and effective advocacy that meets your individual needs. If you are seeking legal assistance for your divorce case, contact our office today for your one-on-one case consultation.
