Whether your divorce is contentious or not, whether you have children or not, whether you have a lot of assets or not, whether just about anything, there is one common theme among all divorce: it is emotionally taxing. Under those circumstances, it can be easy to overlook an important matter or to compromise to something to your detriment. A divorce lawyer in Georgia will make sure nothing is missing and that the divorce is fair and considers your rights and interests.
At Smith Legal Solutions, our divorce lawyer in Cobb County and Metro Atlanta helps clients understand what's at stake. Some of the most common questions asked are answered here for you. We know that informed clients make better decisions for themselves and their families. If you want specific answers that relate to your unique situation, contact us online or at (404) 595-1998 to schedule a Free 15-minute telephone consultation. .
How much will my divorce in Georgia cost?
The cost of your divorce will depend on multiple factors, but mainly it depends on whether the divorce is contested or not. Quite naturally, an uncontested divorce will not cost as much simply because the process is much more straightforward. In an uncontested divorce, you may not even see a day inside the courtroom. But in contested divorces, the costs depend on factors like:
- The extent of the disputes or disagreements between the spouses
- The potential for custody battles
- The number of assets, including the allegations of hidden assets
- The attorney you hire––and that does not only mean the attorney fees but the lawyer's legal competency and negotiating skills
Giving a precise prediction of how much your divorce will cost is impossible because of the various factors that go into it. The starting point in terms of costs is the filing fee associated with the divorce complaint, and then from there, it depends on the circumstances.
What if my spouse does not want a divorce?
You can still file for divorce even if your spouse does not want the divorce. Some states require a period of separation, and that could be metaphorically or physically, and other states do not require it. Regardless of any separation requirement, all states allow no-fault divorces. No fault simply means the marriage has irretrievably broken down or the spouses have irreconcilable differences.
Can I sue for divorce in Georgia on the grounds of adultery?
Now that all states allow no-fault divorces, you do not have to have a ground for divorce except in rare cases. For example, if you entered a covenant marriage, then you may be required to provide a ground for divorce, like adultery. Further, you may want to file a fault-based divorce if your spouse cheated on you and during the affair, they wasted marital property (e.g., cash) on it. In this situation, a judge can make up for the waste via asset distribution to the spouse who did not cheat.
1. In Georgia, there are 13 grounds for divorce. The most common is that the marriage is irretrievably broken. This essentially means that for any number of reasons, you choose no longer to live as husband and wife. A divorce being brought upon the marriage being irretrievably broken with no hopes of reconciliation usually doesn't require any other evidence to prove to the court that it should grant a divorce. Other grounds, sometimes referred to as “as fault” grounds for divorce, include the following: 1) intermarriage by persons within the prohibited degrees of affinity; 2) mental incapacity at the time of the marriage; 3) impotency at the time of marriage; 4) force, menace, duress, or fraud in obtaining the marriage; 5) unknown pregnancy of the wife by another man at the time of the marriage; 6) adultery; 7) desertion for the term of one year; 8) conviction for a moral turpitude crime; 9) habitual intoxication; 10) cruel treatment; 11) mental illness; and 12) habitual drug addiction.
How is child custody or support determined?
Child custody, visitation, and child support are determined case-by-case with each state having their specific, respective guidelines. These matters, however, are always determined by considering the "best interests of the child" standard. In general, though, courts want both parents to build strong relationships with their children. Courts also recognize that both parents are financially responsible for the child. Child custody, visitation, and child support will reflect those beliefs as the basis of the determination.
How is alimony determined in and around Atlanta?
In Georgia, alimony is awarded to a spouse based on their needs and the ability of the other spouse to pay. Unfortunately, there are no set formulas the courts use to determine the amount of alimony due. The rationale is that the facts and circumstances in each case can be so different that it is impossible to fix any rule for a precise mathematical calculation. In that regard, the courts have a wide discretion in deciding if to award alimony to a spouse, and what that amount should be. In making this determination, the court will look to several factors which include the length of the marriage, the conduct of the parties during the marriage, the financial resources of each party, the time necessary to educate a party to find appropriate employment, and a host of other factors a court can use to determine what is fair in their eyes.
How are assets and debt divided in Georgia?
1. There is sometimes a presumption in divorce cases that all the assets that have been accumulated by the parties during the course of the marriage (marital property) should be divided equally. Marital property is generally all the property that is acquired during the course of the marriage, minus property received by gift from a third party or by inheritance. However, in Georgia, the courts determine the division of marital property on an equitable basis. This does not necessarily end in a 50/50 split. Each spouse is entitled to an equitable share of that property. There is no set percentage or formula used to determine the equitable split, and the courts are tasked with the responsibility of reviewing the facts in each case and determining what is appropriate.
My spouse is abusive. How do I protect myself during the divorce?
Spouses who have abusive spouses are in most danger when they seek divorce. You should protect yourself by getting as much help and support you can. You can file a restraining order, the process of which we can walk you through here at Smith Legal Solutions, LLC. You should also consider state and local programs aimed at helping survivors of domestic abuse and you may want to build a network of support using friends and family as well as a supportive family law attorney.
How do I start my divorce in my Georgia County?
The first thing that is recommended prior to filing a divorce is seeking the advice of competent counsel. The Plaintiff must then file a Complaint, along with any of the other required pleadings, in the appropriate Superior Court. The opposing spouse in your case then needs either to be served with a copy of the Complaint, or acknowledge service of the Complaint. Again, it is important to seek the advice of counsel to ensure that the divorce is filed in the appropriate court with the appropriate supporting documents and properly served on the Defendant.
Contact a Divorce Lawyer in Metro Atlanta Today
If you are thinking of a divorce or have been served divorce papers, contact Smith Legal Solutions either by using the online contact form or calling us at (404) 595-1998. We will schedule a Free 15-minute telephone consultation. so that you can get your most immediate questions answered more specifically.
