Divorce is generally an emotional issue, even when both parties agree that parting is in their best interests. The process can be handled in different ways and often depends on the mindset of each person. An overview of how the different processes work and what issues need to be resolved will assist you when determining how you want to proceed.
There are three ways in Georgia in which spouses can detach from each other and go on to live separate lives without having any legal responsibility for the other one. That term is used loosely because as you will see each of these options involves a solution including Court Orders setting out the parties’ legal responsibilities.
A final divorce decree ends the marriage, and the parties are free to remarry. Child support, child custody, spousal support, and all other relevant decisions are made either by agreement of the parties or pursuant to a court order after litigation.
Georgia provides for a “Separate Maintenance” action. The court settles many of the issues the same way as in a divorce, but the parties remain married. There are financial and other benefits to this arrangement.
Annulment occurs when a court enters an order declaring there never was a marriage. It is as if it never happened. There are several grounds for obtaining an annulment, including fraud.
If you have decided to begin the divorce process, chances are this is a complicated time for you. Finding an experienced, professional divorce attorney can be the first step to understanding divorce proceedings and finding resolutions that work for you.
Georgia has the following legal requirements for obtaining a divorce.
Residency - At the time a party files a divorce petition, he or she must have been a resident of the state for at least six months.
Grounds for divorce - The main ground for a divorce in Georgia is that “the marriage is irretrievably broken.” This means the couple has differences so great, they will never be able to solve them and the only solution is for them to divorce. This is a “no fault” divorce.
Waiting period - The earliest a divorce will be granted is 30 days after the respondent has been served with the divorce petition.
Division of assets - Georgia is an equitable division state, not a community property state. This means that any property acquired by the couple during their marriage, including retirement plans and bank accounts, will be divided in a way the court believes is fair and just. Each party retains his or her own separate (non-marital) property.
Resolution of child custody and visitation - If the issues cannot be resolved between the parties and they are unable to come to an agreement, the court will make the decisions based on what it determines is in the best interest of the children.
Child support and spousal support - If the couple is unable to agree between themselves on these issues, the court will resolve these issues for them.
The divorce process in Georgia begins when one party files a petition in the court requesting a divorce and ends when the court issues its final divorce decree. Between those two events, there are many other factors involved in the process. At any point in time, the process may change to from contested to uncontested, or uncontested to contested, or partially contested and partiality uncontested, and so on.
If there are children, child custody, visitation, and support issues must all be resolved. Marital property will be divided according to equitable distribution principles.
The spouses may come to their own agreements on all or some of the issues with the help of mediation, or the divorce may proceed in an adversary manner according to standard litigation.
At Stearns, Montgomery & Proctor, we guide you through each step of this process. We are always mindful of the emotional toll divorce takes and we work to give you the best possible start to your new life when the divorce is final.
An annulment declares the marriage invalid, as if it never even occurred. The goal is to return the parties to the same legal position they were before the marriage occurred.
The divorce is contested when the parties cannot agree on the issues and may not even agree that they want a divorce. The issues are decided by the court after an evidentiary hearing in which both parties present evidence.
This occurs when the parties have accumulated a lot of assets. They may own several real estate properties together, bank accounts, retirement accounts, stocks, and a professional business, for just a few examples.
Technically, Georgia does not have a legal separation available. However, the parties may obtain a separate maintenance order, which provides for many of the orders obtained by a divorce but allows the parties to retain the financial benefits of being married.
Mediation provides a way for the parties to divorce amicably. They meet with a neutral third-party mediator who does not take the side of either party but directs their discussions toward coming to mutual agreements about the issues. Issues that cannot be resolved between the parties are presented to the court for resolution.
Many aspects of divorce requirements are different for military divorces even for those who are residents of Georgia. For example, issues that must be resolved include whether the non-military spouse will be eligible for military benefits, how custody is resolved when a military spouse is deployed, and other questions that only arise when one or both spouses are in the military.
In Georgia, there is no need to allege fault by one party. The most common ground for divorce is simply that the marriage is irretrievably broken and there is no hope for repairing it or for reconciliation.
Although same-sex marriages are entered into under the same laws as heterosexual marriages, when divorce takes place there are some complex issues that may arise if there are children involved or if the couple were married in another state prior to the time same-sex marriage was allowed or recognized in Georgia.
An uncontested divorce is when the parties agree they need to divorce and agree about the resolution of all issues.
As part of normal divorce proceedings in Georgia, you and your spouse will each need to file a domestic relations financial affidavit (DRFA) listing all of your income and expenses. The purpose of this affidavit is to help the judge determine alimony (usually called “spousal support” to be more gender-neutral),…
At the conclusion of any family law action, there will be an order entered by the court which establishes the child support obligations of the parents. The majority of the time, the custodial parent (the parent who has the child or children the majority of the time) receives a monthly…
Lis pendens translates as “lawsuit pending.” More than just a legal concept, lis pendens can be a powerful legal tool for protecting your rights during a divorce. When you file a lis pendens notice, it alerts all involved parties that the ownership of property named in the notice (strictly real…
In short, there is no standard fee. Each case is different. If cost is a concern, read our tips about how to afford a Georgia divorce lawyer.
Much like any type of divorce, forecasting costs can be difficult because every case is different. There are many different types of expenses in a contested divorce, which vary from case to case.
Typically, we recommend looking for an experienced divorce attorney to manage any major legal case, like a divorce.
