Anyone getting a divorce in Georgia needs to comply with some basic rules. It is important to consult a divorce attorney as soon as possible when you realize you are a party or potential party to a divorce.

Even if you feel that your divorce is friendly, emotions still tend to run high. Divorce is stressful and has a large impact on your life, and the advice of a good divorce lawyer will make the process less stressful and help preserve your peace of mind.

You could be treated unfairly if you don’t have an advocate who will help you. A local divorce lawyer can help people in and around Lawrenceville and Norcross.

Residency Requirements

The first requirement is that one of the parties must be a resident of Georgia for six months before the filing. It doesn’t matter which party is the resident, the one filing or the respondent.

After the original petition is filed, either party is free to move anywhere.

The Divorce Petition

Georgia law allows for both fault and no-fault divorce. A no-fault divorce states that there has been an irretrievable breakdown of the marriage.

Other grounds for divorce include adultery, desertion of at least a year, impotency, fraud in obtaining the marriage and drug addiction. If a party chooses to file based on one of these reasons, there must be proof provided to the court and the other party will be allowed to defend him or herself against the allegations.

Most people choose the no-fault divorce, because it is easier and faster. Your divorce lawyer can help you prepare the petition or respond to it. Responding to the petition can help preserve your rights.

Time Periods

A party who has been served a petition to dissolve the marriage will need to respond within thirty days, if he or she wants to argue against the petition. The court will not grant the divorce for at least 30 days.

Dividing up the Assets

Georgia is an “equitable distribution state,” so any property accumulated during the marriage, including retirement benefits, is subject to being split up between the parties. However, property that one party already had can be retained by the person who brought it into the marriage.

The Court can also consider other factors when dividing up the marital estate, such as how much each party can earn. Debts will also be divided up as fairly as possible.

Final Hearing and Decree

When the divorce is granted, the judge may order both parties to attend a hearing, particularly if there are issues in dispute.

The Final Decree will be the official written end to the marriage. In it, the judge will grant the divorce and make rulings on other important matters.

The final document may restore the wife’s maiden name and address custody of the children. Finally, the judge will order the end of the marriage.

What is the difference between a separation and a divorce?

In Georgia, you can have what is called a legal separation, which just means you are not having marital relations. Being legally separated in Georgia does not mean that the marriage is over.

There is no legal requirement that the parties in a divorce must separate for a period of time to qualify for a divorce, or that parties who have opted for a legal separation file for a divorce. There is also no requirement in a legal separation that the parties live in separate places, although making up and engaging in marital relations will adversely affect the separate status. These can be completely unrelated issues.

It is important to consult with a divorce lawyer in the Lawrenceville and Norcross areas if you are going through a separation, so you can understand your rights and how the separation will affect you.

What happens in a separation?

Georgia does not allow a divorce until a couple has been legally separated for 30 days, but the separation can simply be the filing. The separation can look the same as the marriage to people on the outside. Just like with a divorce, there is a residency requirement. One party to the divorce must be a resident of Georgia for six months before filing for an official separation.

A divorce can be a lot like a divorce, in many significant ways. For instance, parties can agree or ask that a judge order child support while they are separated. Georgia is also a state which allows for alimony, or spousal support, and this can also be ordered during a legal separation.

What is a separation agreement, and is it binding?

When parties file a separation agreement, they don’t need to go to Court, but the agreement is just as binding as a regular divorce agreement. They don’t need to bring in a divorce attorney, but if they choose to represent themselves, they are held to the same standard as if they had.

The separation agreement includes the kinds of things a divorce decree does. This is where the child support order and alimony order will be. Because there are so many factors to consider when determining child support and alimony, the parties should at least seek the advice of a divorce attorney if they are going to file the petition themselves. Because the Separation Agreement is legally binding, the long-term effects can be serious.

What happens if there is no divorce filed?

Georgia law allows coupes to separate without divorcing. Many couples stay legally bound in marriage because of various reasons, some personal and some practical.

Some people don’t divorce because their religion forbids it. Some couples stay married for longer because one of them has insurance through an employer and the other does not, so they stay married so that everyone in the family can maintain health insurance coverage.