Divorce Law

Marietta Divorce Law

What is Contested Divorce?

If you cannot negotiate your issues without the involvement of the courts, your matter is what is known as a contested divorce in Atlanta. 

Suppose you wish to end the marriage but cannot negotiate the issues between yourselves during the divorce process. You must file a complaint that clearly states what relief you seek from the court regarding those issues. This complaint will be served on the non-filing party, and they will have thirty days to file an answer and possibly counter-claim. 

If there are unresolved custody issues, child support issues, housing issues, and/or alimony issues we move for a temporary hearing. 

During this trial, the court determines specific issues of urgency for the process moving forward. You may bring one additional witness during what is essentially a consolidated hearing.

 We highly advise against going to court without a divorce attorney near Marietta, especially if the other party has counsel. Without a Divorce attorney, you will likely not be happy with the outcome of your case. 

Consider ALL of the elements of your separation, from the division of assets to the custody of the children.

There are procedures for transferring the home and financial accounts and significant considerations when determining visitation and custody.

The first step in the divorce process is deciding if you are emotionally and financially ready for the process and how you wish to approach the process.  

Many times you hear of a contested and uncontested divorce. The difference between these two divorces is how big a fight the process will be.

We recommended negotiating a mutual agreement when possible. It’s not only less expensive, both emotionally and financially. These types of divorces are known as uncontested. An uncontested divorce does not involve litigation. The Law Offices of Sean R. Whitworth offers uncontested Divorce services, including providing proper documentation and filing your Divorce for a low fee. Uncontested We only recommend Divorce if you are 100% certain that you are clear on all subjects, such as asset division and debt that occurred during the marriage. Uncontested Divorce is often not recommended when young children are involved, as this tends to require litigation.

Why choose the Law Offices of Sean R. Whitworth as your Marietta Divorce Law Firm?

Attorney Sean R. Whitworth has practiced Divorce and Family Law in Marietta, Ga (Cobb County) and surrounding counties (Fulton County, Gwinnett County, Dekalb County, Forsyth County, Cherokee County, Bartow County, etc.) for over a decade. Attorney Sean R. Whitworth is familiar with the courts, clerks, and judges. Attorney Sean R. Whitworth founded his Marietta Divorce Law Firm over a decade ago and is a community member of Cobb County. Attorney Sean R. Whitworth has the experience and knows how to guide you through even the most complex Divorce.

Our Marietta Divorce Law Firm charges “Flat Fees.”

Attorney Whitworth implemented a Flat Fee system to assist his Family & Divorce Law clients better and offer free consultations for all Family and Divorce Law issues. 

Find out more about the “Flat Fee System.”









Greater Atlanta Family Law

What is Uncontested Divorce?

Navigating an uncontested divorce in Georgia can seem straightforward, but there are critical factors to consider, especially if you’re married with assets, children, or both. Attorney Sean R. Whitworth, an experienced flat fee divorce attorney based in Marietta, GA, and serving Atlanta and its surrounding areas, offers insights into how it works and what to watch out for. Here’s an easy-to-read guide:

Basics of Uncontested Divorce in Georgia

  • Definition: An uncontested divorce implies both parties agree on all major issues, including division of assets, debt responsibilities, alimony, child support, and custody.
  • Advantages: Generally faster and less expensive than contested divorces, as it requires less court involvement and fewer attorney hours.

Key Considerations

  • Assets: Properly identifying, valuing, and dividing marital assets is crucial. Ensure all assets are disclosed and fairly appraised.
  • Debt: Similar to assets, all marital debt must be identified and equitably divided. Hidden or undisclosed debts can complicate proceedings.
  • Child Custody and Support: Agreeing on custody arrangements and child support is essential. Georgia law focuses on the child’s best interests, and agreements must comply with state guidelines.

What to Look Out For

  • Asset and Debt Concealment: Ensure full transparency to prevent future legal complications.
  • Custody Agreements: Custody should be determined based on the child’s welfare, considering factors like living arrangements, education, and emotional bonds.
  • Support Calculations: Child and spousal support should reflect both parties’ financial situations and the child’s needs. Georgia’s child support worksheet can help calculate appropriate amounts.

Why Choose Attorney Sean R. Whitworth?

  • Expert Guidance: With extensive experience in Georgia’s divorce laws, Attorney Whitworth can help you navigate the complexities of your uncontested divorce, ensuring your rights are protected.
  • Flat Fee Structure: Know upfront what your divorce will cost, avoiding the uncertainty of hourly billing.
  • Personalized Attention: Every case is unique. Receive tailored advice that considers your specific circumstances, assets, and family dynamics.

Greater Atlanta Divorce Law

Just as there are specific criteria for getting married, Georgia also has particular requirements when going through the divorce process.

Grounds for Divorce

For one, Atlanta Divorce Laws allow no fault divorce grounds. However, one spouse may invoke fault for Divorce on other grounds (cruelty, adultery, etc.). In other words, neither party must prove the other one was at fault for the marriage’s failure. 

Do I have to live in Georgia to file for Divorce in Atlanta? 

To file for a divorce in Georgia, at least one party must have been a Georgia resident for at least six months. 

The end of a marriage is not only life-altering; it’s often the most challenging time in someone’s life. Being faced with decision after difficult decision can often be overwhelming. You must be not only up-to-date on current laws and statutes but that you understand them. 

Seeking a divorce lawyer near Atlanta lifts the legal burden of your divorce case off your shoulders. We accomplish our best for every one of our clients and their families! Divorce court is a civil matter. It is not a small claims court, so you will need to know how to proceed with your lawsuit.

Need a divorce attorney near Atlanta and Marietta? We are here for you! 









Greater Atlanta Alimony Law

What does an Atlanta Divorce Require?

  1. The residence or last known address of the respondent
  2.  That the applicant meets the residence requirements for bringing an action for Divorce or that the applicant is bringing a counterclaim and is not required to meet the residence requirements
  3. The date of the marriage and time of the separation
  4.  The name and age of each minor child, if any. If there are no minor children, the Petition should include a statement indicating such.
  5. The statutory ground(s) upon which the Divorce is sought
  6.  If alimony, support, or equitable division is involved, the property and earnings of the parties, if known.OCGA §19-5-5(b).

While these are the only statutory requirements, the parties involved often have case-specific issues.  

For example, a parent may state in the Petition for Divorce that they seek primary custody of the children and want the other spouse to pay child support.

Or, while splitting assets, one spouse may list items considered separate property under Georgia statute and therefore not subject to equitable division.

No matter the situation, the person filing for Divorce (the petitioner) must swear in front of a notary public that all facts in the Petition are true to their best knowledge. OCGA §19-5-5.

Items required to be included within the Petition for Divorce are not limited to:

  • child support worksheets (if applicable)
  • domestic relations financial affidavits
  • case filing forms. 

It is never advised to get divorced on your own, especially if children are involved. 

Contact us to book your free consultation.

Most courts in Georgia require mediation during the divorce process. The mediation process is informal and non-binding on the parties participating. The matters discussed in the mediation process cannot be used in court. Divorce parties are expected to act in good faith in attempting to resolve the matter. This allows the divorce parties an additional opportunity to consent to some or all of the issues involved in their Divorce. This is often beneficial as the parties have litigated for some time, and the realities of their particular situation are becoming much clearer.

If this process is unsuccessful, there will be a full trial, and this trial could take hours or days, depending on the complexity of the issues involved. Remember, Georgia is a no-fault state. No-fault means the court is not determining IF you are getting a divorce; the court determines how property and children will be divided. These decisions are based on equitable determinations and current statutes. Sadly, all of these issues need to be considered while an individual is trying to figure out how they will move on with their lives; this is why you should never go through this process nor enter this system alone.

Marietta Divorce Law – Standing Order

Often people wonder if they should wait to file their Divorce, and one issue to consider is the issuance of the standing order. A standing order is an order issued by all Superior Courts in Georgia when filing a divorce action. This order essentially protects the parties’ property, utilities, assets, and children as they begin the sometimes contentious process of Divorce.

The courts realized that many issues are common in all divorce matters and will, by necessity, need to be ruled on as the situation evolves. Often people attempt to leave the jurisdiction with the children, or they decide to disconnect utilities and insurance policies. Often people decide to stop paying mortgages or other necessary obligations.

Because of the lack of follow-through on these obligations mentioned above, the courts began issuing a general order attached to the complaint that clearly states that none of the above shall occur. This is important because it protects you immediately upon service to the defendant. It provides an avenue of relief through a contempt action and serves as notice that vindictive behavior will not be tolerated. The insurance policies will not be canceled, the 401K plans will not disappear, and the children will not be removed from the home. However, if you wait to file your action, this protection will not be there.

For more information about Divorce, contact us to schedule an appointment. Why do we offer flat fees? Click Here.