Divorce FAQ For Georgia: Your Questions Answered
When facing a divorce, it’s common to have a million questions. Divorce is a big life change, and it comes with many complications – legally, practically and emotionally. At The Law Firm of Christopher T. Adams, P.C., we’re here to help you understand the process and make informed decisions.
Our divorce lawyer, Christopher Adams, has been serving Lawrenceville and the surrounding communities since 1992. With over 30 years of family law experience, he knows the local courts, judges and community well. He and his team take pride in educating clients so they know what to expect and are empowered to move forward with confidence.
How long does it take to get divorced in Georgia?
An uncontested divorce can be finalized in as little as 31 days after filing. However, contested divorces typically take between six months to a year, depending on the complexity of issues like property division, child custody and alimony. Some complicated cases may take longer. Our attorney will guide you through each step, keeping you informed and prepared.
What are the residency requirements for filing for divorce in Georgia?
To file for divorce in Georgia, one of the parties must have been a resident of the state for at least six months. The divorce petition should be filed in the county where the defendant (non-filing spouse) resides, or in your county if the defendant is not a Georgia resident. Our lawyer can make sure that your filing meets all necessary legal requirements.
Is Georgia a “no-fault” divorce state?
Yes, Georgia allows for no-fault divorce based on the grounds that the marriage is “irretrievably broken.” This means that neither spouse has to prove the other did something wrong. However, Georgia also recognizes 12 fault-based grounds for divorce, including adultery, cruel treatment and abandonment. Our attorney can help you determine which grounds are appropriate for your situation.
How is property divided in a Georgia divorce?
In Georgia, property division during a divorce follows principles of “equitable distribution.” Under this standard, marital property is divided in a manner that is fair and just, which might not necessarily be 50/50. Several factors influence this division, including:
- Each spouse’s financial situation
- Each spouse’s earning capacity
- Each spouse’s contribution to the marriage, including staying home to raise children
It’s important to note that equitable distribution only applies to marital property, which is property acquired during the marriage by either spouse. Separate property, which was owned by either spouse prior to the marriage or received as a gift or inheritance, is not subject to division. Understanding these nuances can be complex, so it’s important to have a lawyer guide you.
How is child custody determined in Georgia?
Judges in Georgia determine child custody based on the “best interests of the child.” This standard involves evaluating several factors, including:
- Each parent’s relationship with the child
- Their ability to care for the children
- The home environment of each parent
- The parents’ ability to foster a positive relationship with the other co-parent
The court also considers the home environment and the child’s ties to their school and community.
Custody arrangements encompass both legal and physical custody. Legal custody involves decision-making rights, and physical custody refers to where the child lives and how much time they spend with each parent. The court may award joint or sole custody, depending on the circumstances. Our attorney can help you understand how these factors apply to your situation and work towards an arrangement that supports your child’s well-being.
How much does a divorce cost in Georgia?
The cost of a divorce in Georgia varies widely depending on whether the divorce is contested or uncontested. Filing fees are set by the county and typically range from $200 to $300. Legal fees can vary widely. An uncontested divorce, where both parties agree on all terms, will spare you from the significant expenses of litigation. Contested divorces generally cost more, as they involve more drawn-out legal proceedings and the potential for lengthy litigation. Factors such as disagreements over child support, division of marital property and other disputes can increase costs. Having a clear understanding of potential expenses can help you plan accordingly, and our firm is here to provide clarity on these issues.
Do I need a lawyer to get divorced in Georgia?
While you can file for divorce in Georgia without a lawyer, it’s strongly recommended to seek legal representation. Having an attorney is especially important in contested cases or those involving children, significant assets or complex property division. An attorney helps protect your rights, advises you of your options and makes sure that all legal filings are completed fully and accurately. They can provide guidance on Georgia law as well as procedural nuances and practical considerations. A lawyer can also advocate for your interests in court if needed.
Can I modify child support or custody arrangements after divorce?
Yes, it is possible to modify child support or custody arrangements after a divorce if circumstances have substantially changed. Grounds that might warrant a modification include income changes, relocation or changes in the child’s needs.
To initiate a modification, you must petition the court and demonstrate that the modification is necessary. Our lawyer can assist you in understanding the requirements and process for seeking modifications. We are here to help ensure that any changes to your arrangements serve the best interests of your child and align with current circumstances.
Contact Us For A Free Consultation
If you have more questions or need legal assistance, we encourage you to reach out to us online or by phone at 770-676-1083. We offer free consultations to discuss your situation and how we can help.
