Marietta Divorce Lawyer

Getting a divorce can be both mentally and emotionally taxing. Many individuals have questions about the divorce process, including how a court may divide their marital property and whether they need to attend hearings.

A Marietta divorce lawyer could help you through the process. They could sit down with you and answer any questions you may have. A qualified family lawyer’s goal is to make your life as simple as possible during your divorce.

Ending a Marriage in Marietta

To obtain a divorce in Marietta, the individual filing for divorce must have been a resident of the state for at least the previous six months, according to the Official Code of Georgia Annotated §19-5-2. Alternatively, a person may file for divorce if their spouse has been a resident of the state for at least the previous six months.

Unlike some states, Georgia allows individuals to contest divorces and offer defenses that may result in a court refusing to grant the divorce. Under O.C.G.A. §19-5-4, a court may not grant a divorce in the following circumstances:

  • Consent of the complaining party to adultery, desertion, cruel treatment, or intoxication
  • Both parties are participating in like conduct
  • Collusion in adultery, desertion, cruel treatment, or intoxication with the intent of causing a divorce
  • Voluntary condonation following the offensive behavior

For example, if a person accuses their spouse of adultery, they cannot be guilty of similar conduct or have condoned the conduct. Any individual that has questions about these defenses may wish to contact a Marietta divorce lawyer for more information.

Types of Divorces

Georgia generally recognizes both fault-based and no-fault divorces. Fault-based divorces are usually based on accusations of fault for one or both parties, such as adultery. Additional examples of grounds for divorce based on fault are:

  • Mental incapacity
  • Impotency
  • Force, duress, or fraud in obtaining the marriage
  • Desertion for at least one year
  • Habitual intoxication or drug addiction
  • Cruel treatment, including infliction of physical or mental pain

By contrast, an individual may petition for a no-fault divorce without alleging any specific blame on the part of their spouse. In such situations, the person filing for divorce may simply state that the marriage is irretrievably broken.

Those filing for a no-fault divorce, however, must usually wait at least 30 days for a court to grant the divorce. A Marietta divorce lawyer could provide more information on both fault-based and no-fault divorces.

Filing a Petition

Divorce proceedings generally begin when one party files a divorce petition. Under O.C.G.A. §19-5-5, such a petition must contain certain information about the marriage. This includes information regarding the residence of both parties, the date of marriage, the date of any physical separation, the names and ages of any minor children, and any ground on which divorce is sought. Additionally, the person responding to the petition has the right to request a statement of facts regarding the ground for divorce. However, such a request must be filed before trial.

Let a Marietta Divorce Attorney Help

If you are going through, or about to go through, a divorce, you may need help sorting through all the legal information you may have and determining your best option going forward. A Marietta divorce lawyer is here to help. They could review your situation and advise you on your best legal options. For help with a divorce, get in touch with a Marietta lawyer today.