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, obtaining a divorce 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 attorneys in Johns Creek can guide you through the divorce process to make it as smooth 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 towards a plan that will be best for you.
Georgia law sets forth several grounds for divorce, according to the Official Code of Georgia Annotated §19-5-3. Among these grounds are the following:
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 Georgia 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.
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 in filing their divorce paperwork.
Georgia 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 divorce 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 an experienced attorney in divorce law.
In fault-based divorces, one spouse may occasionally confess to having committed the alleged fault, such as adultery or desertion. However, under Georgia 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.
Getting a divorce 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-based attorney who is familiar with Georgia divorce law can help you work towards 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.
Atlanta Divorce Law Group