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Questions about Divorce?

For over 28 years, with over 10,000 cases experience, the Stearns Montgomery & Proctor Georgia attorneys have seen it all and we know that you will have questions about the divorce process. There are lots of pitfalls and other obstacles that can hinder your divorce case. Being informed and organized can help the process become less convoluted. See the frequently asked questions below or schedule a consult with a Stearns Montgomery & Proctor attorney.

Will my financial situation change after the divorce?

Typically, the parties in a divorce will be taking one household and splitting it into two different households. By definition, unless resources are unlimited, a divorce will be changing your financial situation. That is why it is especially important to plan properly. For those of you who aren’t planner, you should contact an attorney to get an idea on how to get organized. For those of you who are planners, you could save yourself a tremendous amount of time and money by contacting an attorney to find out what else to plan ahead of time to help with the transition.

Learn more about the cost of divorce

How does the Georgia Divorce Process Work?

There are many steps in the Divorce process. Too many to describe here. Here is a simple list of the processes to work through:

  1. File and serve Divorce documents
  2. Answer Divorce
  3. Discovery process – including depositions
  4. Temporary hearing
  5. Mediation
  6. Evaluations pertaining to children and assets, if the issues are contested
  7. Motions hearings for various issues that come up along the way
  8. Final Hearing
  9. Appeals or other post judgment rights

Get more information on the steps of the divorce process

What are the Grounds for Divorce in Georgia?

The most common ground for divorce in Georgia is irretrievably broken. Georgia was one of the first states to adopt the 30 day divorce scenario. That may be because they had the most arduous process historically.

Read about the ground for divorce in Georgia

How is Property Equity Divided in a Georgia Divorce Case?

The standard used to divide equity in marital property in Georgia is “what is fair?” (I am paraphrasing). Essentially though it is that broad of a standard. So anything either of the parties want to present to say the property should be divided one way or the other will be relevant. As a practical matter however, it should be noted that most cases in Georgia are equitably divided by the parties sharing the equity fifty-fifty. There is no law that says that. It is more a matter of what judges and juries have traditionally awarded when put into a he said she said situation.

Find out how marital property is equitably divided in a Georgia.

How does Affair Impact a Georgia Divorce Case?

Other than to bar alimony, claims of adultery will not have a devastating effect on the issues in a divorce case. In other words, the law specifically prohibits alimony if you are the one asking for the alimony and are guilty of having an affair.

That is not to say that an affair will not have an effect on the other issues presented in a divorce. For instance, if you are married having an affair and your child or children are having contact with the person you are having an affair with, the Courts could look at this as harmful to the child and not in the child’s best interest, which is a factor in determining custody to the other parent. You should also take heed that having an affair during the marriage may affect the property division, as the law provides it is a factor to consider. In other words, it is permissible for a Court to use this as a reason to award the other party more money or property.

View more about affairs and how they can factor into a divorce.

What happens Post Divorce?

After a final decision is made, the parties have several options if they are unhappy with the results. Some of the options involve returning to the Court to ask them to reconsider or to point out possible errors in the results. Other options involve appealing to another set of judges to ask them to reverse the final decision. Yet other options may involve filing a new action such as a change of custody or modification. Final divorce decrees are final when it comes to the division of assets and debts. However, divorce decrees are not final when it comes to periodic alimony, child support and custody issues.

Learn more about Georgia Court Order Modification and your post-divorce options.

What type of Counseling is Right for Me?

We often hear that client are hesitant to seek counseling because they are concerned it will make them look like there is something “wrong” with them. That is simply not true. Most courts look at the marriage as being partnership that is sick and needs help. Marriage counselors or individual counseling is the best place to go to get help for the marriage. The partner who is willing to look at their part and work on the changes necessary to make the relationship better for the sake of the children will be favored.

Find out more about Georgia divorce counseling and therapy and what type of counseling is right for you

Have additional questions about Georgia Divorce? Please call us today at (678) 971-3413 or schedule a consultation to get your important questions answered.



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