Most divorces are difficult to handle, even if both individuals want the split to be as amicable as possible. Even in the best situations, divorces involve court filings and other legal paperwork that may be confusing, and they may require time-consuming hearings as well.

That is where our team of dedicated and knowledgeable family law attorneys could help you with your divorce, so you do not have to spend time and energy decoding laws or figuring out what, when, or where to file. A Roswell divorce lawyer at our firm could answer the questions you have on the divorce process, represent you in court, and work together with you to pursue as positive an outcome to your divorce as possible.

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    Obtaining a Divorce in Georgia

    To obtain a divorce in Georgia, the individual petitioning for divorce must usually have been a state resident for the previous six months, according to the Official Code of Georgia §19-5-2. However, even if the filing party is not a resident, they may still be able to file for divorce if their spouse has been a Georgia resident for at least the previous six months.

    When filing for divorce, the petitioner must set forth a specific ground for divorce according to O.C.G.A. §19-5-5. In addition, they must include basic information such as the date of the marriage and the current address of both parties.

    Fault-Based Divorces

    Georgia recognizes several grounds for divorce based on fault. When these types of divorces occur in Roswell, the filing party—or their retained attorney—would generally assert that their spouse is somehow responsible for the breakdown of the marriage.

    O.C.G.A. §19-5-3 recognizes the following grounds for fault-based divorces:

    • Mental incapacity
    • Adultery
    • Desertion
    • Cruel treatment
    • Habitual intoxication or drug addiction
    • Fraud

    In certain instances, however, courts may refuse to grant a divorce if the petitioner engaged in the same kind of conduct. For example, according to O.C.G.A. §19-5-4, if an individual accuses their spouse of committing adultery but they themselves also committed adultery, a court in Georgia may not grant them a divorce. For more information about fault-based divorces, reach out to a seasoned attorney.

    No-Fault Divorces

    Georgia also recognizes “no-fault” divorces, in which neither party admits fault. In these situations, the person petitioning for divorce may simply list the fact that the marriage is irretrievably broken as a ground for divorce, as per O.C.G.A. §19-5-3.

    No-fault divorces require a mandatory 30-day waiting period before the court grants the divorce decree. However, once a court issues the decree, both parties return to the status of single persons.

    Additionally, either or both individuals may petition the court to allow them to continue using their maiden or former name, as per O.C.G.A. §19-5-16. A seasoned divorce lawyer in Roswell could provide additional information about no-fault divorces and the divorce process.

    Let a Roswell Divorce Attorney Help

    Dealing with the various requirements associated with a Georgia divorce can be stressful no matter how smoothly the separation process goes. Many individuals need to come to terms with their divorce and make plans for a new life. Often, they do not have time to figure out what paperwork to file or what a court needs to adequately process their divorce.

    A Roswell divorce lawyer may be able to provide help with those aspects of your divorce process. Our attorneys could sit down with you and make sure we understand your situation. Then, we could draft any legal paperwork you need and file them on your behalf. A Roswell divorce attorney could also represent you in a contested divorce and help protect your interests.

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