Frequently Asked Questions About Divorce

Ending a marriage, no matter how long you have been together, can be both an emotional and painful process. If you have children, divorce concerns become amplified. But divorce doesn’t have to be complicated or confusing. At Marple Rubin, our goal is to protect your interests while efficiently and honestly guiding you through the process. Here are answers to some of the most frequently asked divorce and family law questions.

Does the court have to be involved?

Yes, but that does not mean that your divorce must go to trial. The divorce process begins with one party filing a complaint in the appropriate county’s Superior Court. The complaint is then served to the other spouse, thus giving that person a chance to respond. The two parties can then work together to reach an agreement on all issues, including custody, child support, alimony, and division of assets, and file the agreement with the court for approval and final order. Alternatively, if an amicable resolution is not attainable, then you and your spouse can go to trial to obtain a resolution and secure a final order of divorce.

Do I need to prove fault?

While you don’t have to prove fault to file for divorce, you do need to have grounds or a specific reason for the termination of your marriage. Georgia law provides 13 grounds for divorce, which include adultery, cruel treatment, desertion, and drug addiction. The most common reason for divorce, however, is irreconcilable differences with no hope for reconciliation. This is considered the “no-fault” option.

What is the difference between a “no-fault” and a “fault” divorce?

If you are the spouse filing for divorce and cite fault, or a ground other than irreconcilable differences, you either have to prove that fault in court or have your spouse agree to the grounds for divorce.  For example, if you cite adultery, you either must prove your spouse was unfaithful or your spouse must agree to the infidelity.

In a “no-fault” divorce, neither spouse has to be proven at fault. The parties must, however, both agree that the marriage is irreconcilable. Regardless of the ground for divorce, courts require a 30-day waiting period after filing a divorce before the divorce can be finalized.

What are parenting seminars?

Parenting seminars are usually required of both parents by the courts. These classes focus on the effects of custody proceedings and divorce on children. Spouses are not required to attend together. The court-ordered seminars often cover co-parenting and other tips for helping children through the divorce process.

How will we communicate with each other?

At Marple Rubin, our priority is to help our clients during what is often the most difficult and challenging time of their lives. We believe in treating everyone with respect, through honest and open communication, and with unmatched attention to detail. You can reach us in any variety of ways – i.e., email, phone – or schedule an in-person meeting for an in-depth case discussion. The attorneys at Marple Rubin attorney are always here to serve you.

What grounds do I need for a divorce?

To file for divorce in Georgia, you need to either cite one of the 12 “fault” grounds for divorce or claim the “no-fault” ground, otherwise known as irreconcilable differences. The 13 grounds are:

  • Intermarriage
  • Mental incapacity at time of marriage
  • Impotency at time of marriage
  • Force, menace, duress, or fraud in obtaining the marriage
  • Pregnancy of the wife to a man other than the husband at time of marriage
  • Adultery
  • Desertion of one year or more
  • Conviction of an offense of moral turpitude with a prison term of two years or longer
  • Habitual intoxication
  • Cruelty
  • Incurable mental illness
  • Drug addiction
  • Irreconcilable differences

How long will the whole process take?

The length of the divorce process varies depending on many factors. If you and your spouse agree on the terms of the divorce and avoid court, the process will be shorter. If you have a lot of assets or a complex child custody case and your divorce goes to trial, the process can take much longer. Marple Rubin’s goal is to protect your rights and interests, and to get you the best settlement in the most timely manner possible. 

If you are considering a divorce or are ready to file a complaint, the experienced divorce and family law attorneys at Marple Rubin can help. Our expertise and knowledge matched with our attention to detail and policy of honest communication will provide you with the best possible divorce experience. Contact us today for a consultation.