Georgia Divorce FAQs
For over 28 years and with experience in over 10,000 cases, 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 planners, 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 learn what else you need to know to plan for the transition.
How does the Georgia Divorce Process Work?
There are many steps in the Divorce process, but listed below is a simple list of some processes:
- File and serve Divorce documents
- Answer Divorce
- Discovery process – including depositions
- Temporary hearing
- Evaluations pertaining to children and assets, if the issues are contested
- Motions hearings for various issues that come up along the way
- Final Hearing
- Appeals or other post judgment rights
What are the Grounds for Divorce in Georgia?
The most common ground for divorce in Georgia is that the “marriage 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.
How is Property Equity Divided in a Georgia Divorce Case?
The standard used to divide equity in marital property in Georgia can be described as “what is fair?” It is a broad standard. So either party can say that the property should be divided one way or the other, and it will be relevant. However, it should be noted that most cases in Georgia are divided by the parties sharing the equity fifty-fifty. That is not a specific law. It is more a matter of what judges and juries have traditionally awarded when put into a “he said, she said” situation.
How does an 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.
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 it 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.
What type of Counseling is Right for Me?
We often hear that clients 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 a 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 his or her part and work on the changes necessary to make the relationship better for the sake of the children will be favored.
Have additional questions about Georgia Divorce? Please call us today at (678) 971-3413 or schedule a consultation to get your important questions answered.