Although most people hate the idea of going through a divorce, sometimes it is the best option for the entire family. In most cases, however, dissolving a marraige can be difficult and the thought of the divorce process can be stressful and scary. However, it does not need to be.

Our team of dedicated Johns Creek divorce lawyers can help make the dissolution of your marriage go as smoothly as possible. Each step of the way, a detail-oriented family attorney will work to advocate for your rights and interests and make sure you are working toward a plan that will be best for you.

Types of Divorces

Official Code of Georgia Annotated §19-5-3 sets forth several grounds for divorce. Among these grounds are the following:

  • Mental incapacity at the time of marriage
  • Duress or fraud in obtaining the marriage
  • Adultery
  • Desertion for more than one year
  • Certain crimes that result in a term of imprisonment for two years or more
  • Habitual intoxication

One or more of these grounds generally appear in fault-based divorces, where one party alleges that the other spouse committed some fault that irreparably damages the marriage.

Additionally, Georgia recognizes so-called “no-fault” divorces. In this type of divorce, either spouse may assert that there has been an irretrievable breakdown of the marriage, per O.C.G.A. §19-5-3. The person asking for the divorce does not need to show fault or blame on the part of their spouse.

A local court will not grant a no-fault divorce until 30 days or more have passed since the defendant has been served with copies of the divorce petition and other documents. In some cases of uncontested divorce, the case can be finalized at or soon after that 30 day period has lapsed. A court may use much more time, however, to determine how each of the issues in a divorce are to be handled, such as the distribution of marital property or allocation of child support. Anyone with questions about no-fault divorces in Johns Creek should contact a practiced lawyer for further information.

Additional Laws

Divorce petitions must be written, filed with the court, and contain specific information, per O.C.G.A. §19-5-5, to be valid. Since divorce petitions are formal legal documents and can be complex, anyone thinking of filing for divorce should consider seeking the help of an experienced attorney for advice and assistance.

What Are the Residency Requirements for Getting Divorced in Johns Creek?

State law also imposes a residency requirement for any kind of divorce petition, whether based on fault or not. Under O.C.G.A. §19-5-2, the person filing for marriage dissolution must have been a state resident for at least the previous six months. However, a non-resident may file for divorce if their spouse has been a resident of Georgia for at least the previous six months. Jurisdiction and venue are complex legal issues which impact each and every divorce case and are best handled with the guidance of a skilled legal representative.

What is the Significance of Spousal Confessions?

In fault-based divorces, one spouse may occasionally confess to having committed the alleged fault, such as adultery or desertion. However, under State law, such confessions are not automatically accepted as proof.

According to O.C.G.A. §19-5-11, some confessions, such as those for adultery or cruel treatment, may be insufficient to grant a divorce if they are unsupported by corroborating evidence. For example, if one spouse accuses the other of adultery, but there are no other facts indicating adultery took place, then even a confession may not be sufficient grounds for the court to grant a divorce.

Our Johns Creek Divorce Attorneys Can Help

Dissolving a marriage is already mentally and emotionally stressful. Those going through a divorce should not have to worry about court filings, deadlines, and not knowing if they are getting a fair deal.

However, a Johns Creek divorce lawyers at our firm who is familiar with Georgia divorce law can help you work toward the best outcome possible. One of our attorneys would be happy to review your case and help you protect your rights, both in court and out of court. Call today for a consultation to learn more.

Recent Blog Posts
Do You Know Your Parents’ Stories?
3 Tips for Preserving Family History This Grandparents Day In many Native American tribes, it’s traditional to gather and...
From a Scatterbrained Summer to an Orderly School Year
Hacks to Get Your Kids Organized Summer break (especially for young kiddos) is a lawless time with little meaning...
Better Together – Appreciating Those around You
The American labor market is in a weird place right now. It seems like every time I turn on...
View All Posts

Atlanta Divorce Law Group

Alpharetta Office

Atlanta Divorce Law Group
3560 Old Milton Parkway,
Alpharetta GA 30005

Buckhead Office

Atlanta Divorce Law Group
3355 Lenox Road,
Suite 750

Atlanta GA 30326

By Appointment Only
Marietta Office

Atlanta Divorce Law Group
533 Johnson Ferry Rd
Suite D-450

Marietta GA 30068

By Appointment Only
Suwanee Office

Atlanta Divorce Law Group
593 Main St,
Suite B,

Suwanee GA 30024

By Appointment Only