What is the Divorce Process in Georgia?


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Heading by way of a divorce can be an psychological, stressful time, total of selections you have to make that can have far-reaching ramifications. Having a dependable, well-informed Georgia divorce legal professional can make the procedure significantly a lot easier, assisting you have an understanding of all the challenges, handling all the paperwork, and guaranteeing all deadlines are properly achieved.

First, you will identify regardless of whether you are submitting a contested or an uncontested divorce.

Is Your Divorce Contested or Uncontested?

A contested divorce is one particular in which you and your husband or wife do not agree on just one or more of the troubles in your divorce (asset division, boy or girl custody, youngster support, spousal support). Your lawyers will negotiate these troubles, or, if a mutually agreeable decision can not be attained, the decide will determine. In an uncontested divorce, you and your wife or husband are in arrangement relating to all the over issues.

Submitting for Divorce in Ga

Georgia state flag

If you file the divorce papers, then the divorce papers will be served on your partner, and he or she will have a certain amount of money of time to response your allegations. Both of those parties will comprehensive Discovery, that means they will trade monetary paperwork and other files associated to the difficulties at hand. In the point out of Georgia, you can file for a no-fault divorce, which means you are not specifying “fault,” like adultery or desertion.  A no-fault divorce basically states the marriage has irreconcilable differences.

The man or woman filing for a divorce (petitioner) have to have been a resident of Georgia for at least six months prior to filing. A nonresident petitioner can file for divorce if his or her husband or wife has been a resident of Ga for at the very least 6 months. Also, it can be valuable to be the husband or wife that information for divorce that would give the petitioner strategic edge and additional management of the divorce timeline.

There is a downside to getting the a single who data files for the divorce and that is that you will have to pay out the filing costs associated with the divorce. Your partner can also make “counterclaims” once he or she has been served with the divorce papers, and there may be unanticipated information in the counterclaim that you should deal with.

Grounds for Divorce in the Point out of Ga

If you pick out not to file a no-fault divorce, Ga has statutory grounds for divorce which include things like:

  • Intermarriage by those people connected to a prohibited degree
  • Mental incapacity
  • Impotency
  • Duress, force, or fraud
  • Adultery
  • Impregnation of the wife by a man other than the husband at the time of the marriage
  • Cruelty
  • Desertion
  • Conviction of a criminal offense of moral turpitude with a sentence of two several years or far more
  • Persistent drunkenness or drug use
  • Mental sickness that is not treatable or curable

Division of Belongings

Georgia is an equitable distribution point out rather than a community house point out. In a group assets state, assets are divided 50/50 regardless of who designed the revenue or acquired the property. In an equitable distribution state, the property are divided quite, but not necessarily similarly. Marital and different assets need to first be determined.

If a choose must divide the marital assets, he or she will consider the independent belongings of every spouse, the earnings and earning potential of every single spouse, any conduct that resulted in dissipation of assets, the long term wants of both partner and all money owed. The judge’s purpose is to divide the property in these types of a way that will make each and every particular person “whole” next the divorce.

Under Ga regulation, alimony is authorized in minimal cases, however, it is not the broad cure it is in numerous other states. Alimony may possibly be rehabilitative or long lasting permanent alimony is much more probably to be awarded for a spouse in a extensive-time period marriage. Rehabilitative alimony is a quick-expression evaluate that allows 1 husband or wife to get again on his or her toes following the divorce. It could be awarded to a husband or wife who required to return to faculty or be qualified to acquire needed expertise that would help him or her to be competitive in the work industry.

Other Georgia Divorce Concerns

Kid custody and child help are also determined through a divorce. Boy or girl custody is one of the additional contentious troubles, with courts identifying what is in the finest passions of the little one when earning these decisions. The courts function underneath the assumption that children benefit from standard time expended with equally dad and mom. Lawful custody could be supplied to one parent or shared.

Legal custody allows a single or both mom and dad to make choices about these types of essential challenges as training, faith, and well being. Bodily custody can also be split or one particular mum or dad can have primary custody even though the other has common visitation. If you are thinking about divorce, it is crucial that you have a strong lawful advocate in your corner who will make certain your legal rights and your long term are appropriately protected.

Connect with Our Skilled Atlanta Household Legislation Attorneys

Hobson & Hobson P.C.

At Hobson & Hobson, P.C., our Ga divorce attorneys know that divorce is hardly ever effortless. There are quite a few challenges that can come up, more complicating the procedure. That’s why we operate swiftly to enable our clients deal with these issues and navigate as a result of them. We advocate strongly for our consumers all through the divorce approach, so we can shield their futures.

Phone us now at (770) 284-6153 to timetable a session now so you can review all your authorized alternatives.



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