Regardless of the reason, a Georgia court will always be able to end a marriage. However, the procedures and legal requirements for a divorce in Atlanta Georgia are strict. Not only must a spouse meet the residency requirement, but they also must cite a specific reason for the divorce in the paperwork filed with to the court.
Since a final divorce will settle all matters in contention between the two parties, it is essential to work with an experienced divorce lawyer to protect your rights and interests. Our skilled team of family lawyers can work with you to help you understand your legal rights to work towards a divorce decree that works for you.
FILING A DIVORCE ACTION IN COURT
All divorces must end with a court order. To begin the process, one party must file a complaint in the appropriate Superior Court, which is often the county in which they reside. For the court to have jurisdiction, the filing spouse must be a resident of Georgia for at least six months prior to the filing.
The complaint must also cite a specific reason why the individual is asking for a divorce. Under O.C.G.A. § 19-5-3, there are thirteen grounds for divorce, including adultery, cruel treatment, desertion, and habitual intoxication or drug addiction. However, the most common ground for divorce is the no-fault ground where the marriage is irretrievably broken with no hope for reconciliation. This simply means that the two parties no longer live in harmony and are living in a bona fide state of separation.
Once a party chooses a ground for divorce, they must submit a complaint to the court and serve that complaint to the other spouse. This gives the other party a chance to respond. The two parties may work together to end the marriage. If they can come to an agreement concerning all disputed issues as part of the divorce, the court will generally accept this agreement and can quickly grant a divorce. Whether someone wishes to come to an agreement with their spouse to end the marriage on good terms or needs to fight the case in court, an experienced divorce lawyer could help.
IMPORTANT MATTERS TO CONSIDER IN GEORGIA
The divorce decree must settle all disputed issues between the parties arising out of their marriage This includes custody, child support, alimony, and property division.
Georgia is an equitable division state. This means that the court will examine all assets and debts accumulated during the marriage and make a fair split according to what the court considers to be just based on the specific facts of your case. One purpose of hiring a divorce lawyer is to take on the task of gathering the information required to make proper demands for property rights. They can also help to argue for custody of children and a proper visitation schedule.
LET MARPLE RUBIN FAMILY LAW
BE YOUR ADVOCATE
If a marriage needs to come to an end, you must take steps to protect your future. This can include ensuring a fair distribution of property, the proper allocation of debt, and the custody and maintenance of children. While no party needs to take the blame for a divorce, a court will demand that parties resolve all disputed issues to finalize a divorce, whether that is through a mutual agreement or a trial, Marple Rubin Family Law will help you protect your rights.