Whether a divorce is because of the poor behavior of one spouse or because a couple simply cannot stand to live together anymore, a Georgia court will be able to end the marriage. However, the procedures and legal requirements for a divorce in Atlanta are strict. Not only must a spouse meet the residency requirement, but they also must cite a specific reason for the divorce in their paperwork sent to the court.
Since a final divorce will settle all matters in contention between the two parties, it is essential to work with an Atlanta divorce lawyer who could protect your rights and interests. A skilled family lawyer can work with you to help you understand your legal rights to work towards a divorce decree that works for you.
All divorces must end with a court order. To begin the process, one party must file a complaint in the Superior Court in the county in which they reside. For the court to have jurisdiction, the filing spouse must be a resident of the State. This simply means that they must have lived in 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, these grounds include:
Irretrievably broken marriage is the most common ground for divorce. This simply means that the two parties no longer live in harmony, and this is commonly known as a no-fault divorce.
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 portions 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 Atlanta divorce lawyer could help.
The divorce decree must settle all matters that affect the future of the parties. This includes the division of property but also concerns other matters including:
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 they consider to be just.
An Atlanta divorce lawyer could work to gather the necessary information to make proper demands for property rights. They can also help to argue for custody of children and a proper visitation schedule.
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 make proper precautions for the future. This can be done through a mutual agreement or a trial to settle the matter. An Atlanta divorce lawyer could help you protect your rights. Contact an attorney today to discuss your case.
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