Best Divorce Lawyers Atlanta, GA Of 2024 – Forbes Advisor – Technologist

Georgia divorce laws are relatively simple. However, just because the laws are simple doesn’t mean the process is simple. The complexity of a divorce depends on several factors, and while filing for divorce is easy, every step after that can potentially be quite messy. The State of Georgia website recommends that everyone getting divorced be represented by Georgia divorce attorneys.

Georgia Divorce Requirements

To get a divorce in Georgia, you or your spouse must have been a resident of Georgia for at least six months before filing for a divorce. If you meet that requirement, you can petition the Clerk of your county’s Superior Court for a divorce.

Types of Divorce and Separation in Georgia

Georgia is a no-fault state, which means you can file for divorce without giving a specific reason. However, it also allows petitioners to claim fault when filing for divorce. Some examples of fault that a petitioner can claim are:

• Infidelity
• Cruelty or abuse
• Desertion
• Impotence
• Force or fraud
• Imprisonment
• Close genetic relationship
• Mental incapacity

Georgia does not have any official separation laws. Until the divorce is complete, you are considered married by the state. This is important because it means that if you date while a divorce is pending, that behavior can impact the results of your divorce.

Child Custody, Support and Visitation in Georgia

The child custody laws in Georgia are designed to provide for the best interests of any child affected. Judges typically prefer joint custody when that is financially and emotionally safe. If joint custody isn’t an option, the non-custodial parent will almost always receive visitation rights. The best interests analysis considers factors such as the bond between child and parents, each parent’s relationship with the child, the ability of parents to provide for the child, the health of all the parties, parents’ work schedules and more.

The court will determine which parents have custody of any child 13 years old or younger. Children 14 years old or older may request a specific parent, which the court will usually respect.

Property Division in Georgia

Georgia is an equitable division state. This means that the court determines how to distribute all property based on what a judge considers fair rather than an even split. Factors considered include the financial status of each spouse, alimony, income, how the spouse behaved during the marriage, their future needs and their debts.

Finally, Georgia may assign alimony in some cases. It is not guaranteed but rather depends on the circumstances of the financial situation of both parties. Alimony can be permanent or for a specific time period. Factors considered include the length of the marriage, the standard of living during the marriage and the financial resources of the spouses.

Filing and Serving Your Divorce Papers

To file for divorce in Georgia, you must file a Divorce Complaint and other documents such as a Case Filing Form, Verification and Domestic Relations Financial Affidavit.

Serving divorce papers can be done in several ways. If it is safe, you can present the papers in person and ask your spouse to file them. When that isn’t a safe option, divorce lawyers in Atlanta usually hire a process server to deliver them in person or request the Sheriff’s office to serve the papers.

Finalizing Your Divorce

The divorce is finalized as soon as the judge issues a ruling. If the divorce is uncontested, a judge needs to accept the agreement. Usually, when this happens, you and your spouse won’t even have to be present for the divorce to be finalized. There is no waiting period in Georgia after a divorce is finalized.