How quickly can I get a divorce in Georgia?
Georgia has a mandatory waiting period of 30 days after Divorce papers are filed before a court will issue a Final Order and Decree of Divorce. Even if the divorce is uncontested, the average process duration is 45 – 60 days depending on the court’s availability.
What are Georgia’s divorce requirements?
In Georgia, the only initial requirement is that both parties stop martial relations with an intent to end the marriage. There is no specific timeframe on how long the separation must occur before the divorce.
Does it matter if my spouse files the divorce papers?
In Georgia, for most non-complex cases, it doesn’t matter who files first. However, the one responding to The party who does not file the Complaint for Divorce has the opportunity to file an Answer to the Complaint and Counterclaim for Divorce requesting the same things as the filing party (ex: child custody, child support, alimony, equitable division of property).
Who pays for a divorce in Georgia?
As a general rule, parties in a Georgia divorce are responsible for their own attorneys’ fees. In many cases, however, one spouse will ask the court to order the other spouse to pay their attorneys’ fees.
Who gets the house after I file divorce papers?
During a Georgia divorce, property obtained before the marriage remains retained by the original owner. Property acquired during the marriage, Marital property, is subject to division according to the principle of equitable distribution. They divide the property between the spouses according to what is “equitable” or fair.
Who gets to live in the house during the divorce?
Both spouses can live in the family home after a separation; it doesn’t matter who owns it. In most cases, one spouse can’t force or kick the other out, and even if one spouse leaves, they can often return whenever they want. It’s best if they can come to an agreement themselves.
Who is entitled to a settlement in divorce?
Assets you have built up or acquired during the marriage are known as matrimonial or marital assets. These typically include property, pensions, savings, personal belongings, and cash in the bank.
Can I file divorce papers if my spouse doesn’t want one?
The court agrees to grant the divorce, not the other person in the marriage. As long as the necessary financial and legal issues get resolved, the divorce can be completed with one person never agreeing to it. However, negotiating these issues offers a potential block to finalizing the divorce.
What is abandonment in marriage?
Under Georgia law, abandonment is a form of marital misconduct which occurs when one spouse brings the cohabitation to an end (1) without justification, (2) without consent, and (3) without the intention of renewing the marital relationship.
When Should You Hire a Lawyer?
Several factors affect whether you need to hire a divorce attorney.
It’s wise to get an attorney when:
1. You have a high-asset divorce or complex finances.
An experienced attorney will request documents and do the research necessary to get an accurate picture of your spouse’s finances. Ultimately, that information can lead to a fairer division of assets.
2. You have children and can’t agree on a custody arrangement with your spouse.
Many factors go into a custody decision. An attorney who understands the law can help you succeed in custody.
3. You need to understand your legal rights.
Call our East Cobb Marietta law firm to book your consultation in person or over the phone at 770-415-8500. Attorney Sean Whitworth works with clients and their families all over Atlanta. He offers Flat Fees for many of his family law services and has been doing so for many years. Learn more about his practice.