Are you considering divorce in Atlanta, Georgia, and are unsure what happens next? An Atlanta divorce lawyer at Crystal Wright Law can help you prepare for each stage of the process. Contact us today at (404) 649-5554 for a free consultation.
The Georgia divorce process generally involves filing a complaint, serving the other spouse, exchanging information, resolving issues such as property and custody, and obtaining a final decree. The exact process depends on whether the spouses agree on the terms of their divorce or have disputes that require court involvement.
How Can Crystal Wright Law, LLC Help With a Divorce in Atlanta, GA?
Crystal Wright Law, LLC helps clients understand the decisions that arise during divorce and how those decisions may affect their families and finances. With over a decade of experience, we handle family law matters involving divorce, property division, custody, child support, and related disputes.
Our Atlanta divorce lawyers can assist with:
- Preparing and filing divorce documents
- Identifying marital property and debts
- Negotiating property and financial issues
- Addressing child custody and parenting time
- Evaluating child support or alimony issues
- Preparing for hearings or trial when necessary
An Atlanta family lawyer can also help you understand court procedures and respond when disagreements develop. Contact us today for a free consultation about your divorce.
Who Can File for Divorce in Georgia?
Georgia has a residency requirement for divorce. Under O.C.G.A. § 19-5-2, a person generally must have been a bona fide Georgia resident for at least six months before filing. A person who lives outside Georgia may also be able to file against a spouse who meets Georgia’s residency and county requirements.
Divorce cases are filed in superior court. Where the case should be filed depends on the spouses’ residence and other circumstances. Meeting the residency requirement does not necessarily mean that a person can file in any Georgia county.
How Do You Start a Divorce in Georgia?
A divorce begins when one spouse files a complaint for divorce. The spouse filing the case is the plaintiff, while the other spouse is the defendant.
The complaint provides information about the marriage and states the legal ground for divorce. Georgia recognizes several grounds, including that the marriage is “irretrievably broken.” This allows a spouse to seek a divorce without proving misconduct such as adultery or cruel treatment.
The other spouse must generally receive proper legal notice of the case. After service, that spouse has an opportunity to respond and raise issues that need to be resolved.
What Issues Must Be Resolved During a Georgia Divorce?
Ending the marriage is only one part of many divorce cases. Spouses may also need to resolve financial and parenting matters before the court enters a final order.
Common divorce issues include:
- Division of marital property
- Responsibility for marital debts
- Child custody
- Parenting time
- Child support
- Alimony
Some couples reach agreements on every issue. Others agree on certain matters but need the court to decide the rest. A divorce involving significant property, a business, disputed custody, or complicated finances can require additional investigation and negotiation.
How Does Child Custody Work in a Georgia Divorce?
When parents cannot agree on custody, Georgia courts decide custody based on the child’s best interests. Neither parent automatically has a right to custody simply by being the mother or father, and there is no presumption favoring any particular form of legal or physical custody.
A judge may consider factors such as:
- Each parent’s relationship with the child
- Each parent’s ability to meet the child’s needs
- The child’s home, school, and community history
- Each parent’s past parenting responsibilities
- Each parent’s ability to support the child’s relationship with the other parent
- Evidence of family violence, abuse, or substance abuse
Georgia law allows courts to consider other relevant factors as well. The child’s welfare remains the central concern.
How Are Property and Alimony Handled?
Divorce may require separating property and debts accumulated during the marriage. Georgia courts generally use equitable division principles when dividing marital property. Equitable does not necessarily mean that every asset will be divided equally.
Alimony is a separate issue. Georgia law allows temporary or permanent alimony in appropriate cases. However, a spouse is not entitled to alimony if the evidence establishes that the separation was caused by that spouse’s adultery or desertion.
Property division and alimony can involve financial records, income information, real estate, retirement accounts, businesses, and other assets. The issues involved will depend on the couple’s finances and circumstances.
How Long Does a Divorce Take in Georgia?
There is no single timeline for every Georgia divorce. For a divorce based on the marriage being irretrievably broken, Georgia law does not allow the court to grant the divorce until at least 30 days after the respondent has been served.
That does not mean every divorce is finished after 30 days. An uncontested case in which both spouses agree on all major issues may move more quickly than a contested divorce.
Disagreements about custody, property, alimony, or other matters can extend the process. Discovery, negotiations, hearings, and trial preparation can also affect how long a case takes.
Contact Our Atlanta Divorce Lawyers Today for a Free Consultation
The Georgia divorce process can look different for every family. The property you own, whether you have children, your financial circumstances, and your ability to reach agreements with your spouse can all affect how the case proceeds.
The Atlanta divorce attorneys at Crystal Wright Law, LLC can review your circumstances, explain the divorce process, and help you address the legal issues involved. Reach out to us today for a free consultation to learn more about your next steps.
Our skilled divorce lawyer in Lawrenceville, GA can handle cases such as:
Visit Our Divorce & Family Law Office in Atlanta, GA
1718-1720 Peachtree St NW, Suite 920, Atlanta, GA 30309
(404)-594-2143
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Visit Our Divorce & Family Law Office in Lawrenceville, GA
Crystal Wright Law
440 S. Perry Street Suite 105, Lawrenceville, GA 30046
(404)-649-5554
