When to Get a Divorce: How to Know It’s Time

by Shaun Bussert
in Divorce
couple considering divorce

Making the decision to end a marriage is never easy.  Our first recommendation to all clients is to seek professional marital counseling to discern what is best for you and your family.  That counseling may uncover that the temptation to try and work it out or to remain together for the sake of your children, your family, or your reputation in the community is not what’s best.  Unfortunately, remaining in a situation where you and your spouse have been experiencing difficulties can be even more painful than going through the process of filing for divorce.  In some cases, circumstances surrounding your decision can also put your well-being and your legal rights in jeopardy.

Other factors to consider when deciding to divorce

Under Georgia law, you have to be a resident of the state for at least six months before filing for divorce.  Beyond that initial restriction, there are no other time limits. Of course, coming to a decision on whether to get a divorce is a major step, and there will likely be numerous practical and emotional issues to consider.  As experienced divorce attorneys, our main goal is to make sure your rights and interests are protected. The following are four situations that indicate it may be time to consider a divorce:

1. When none of your other options have worked.  

Maybe you have tried marital counseling or even a trial separation, yet none of your efforts seem to help.  Remaining in a contentious marriage, particularly if the other party wants out, is no way to live. While the prospect of being on your own may be daunting, we can help guide you through the available options to assist with the adjustment so you can move on with your life.

2. When you discover money or property missing.

If you begin noticing that marital assets or property you share with your spouse are disappearing, it may be time to act.  Giving away or hiding assets is common in divorce cases. Your attorney can help file the necessary paperwork to preserve accounts and property so that they can be divided fairly in your divorce proceedings.  In some cases, the attorney may even be able to have a judge add back in the value of the property that has been given away or hidden before dividing the rest of the marital assets.

3. When you discover grounds for divorce in Georgia.  

Adultery, habitual drunkenness, and desertion are all grounds for divorce in Georgia, and may entitle you to a greater share of any marital property and assets you and your partner possess.  However, if you remain with your spouse once these activities have been discovered, you may not be able to successfully use them as grounds for divorce in any future divorce proceedings.

4. When you suspect you or your children are in jeopardy.

According to the Georgia Commission on Family Violence, more than 65,000 cases of domestic violence were reported in our state during 2015 alone.  If your spouse has made threats or behaved violently towards you or your children, you need to take action.  Get somewhere safe, contact the local authorities, and reach out to our divorce attorneys for help.

Contact Us Today for Help

In considering when to divorce, it is important to be aware of the various factors that could impact your case. Reach out and contact Stearns, Montgomery & Proctor to request a consultation with our Georgia divorce attorneys to discuss your situation and find out how we can help you today.