Atlanta, GA- If you and your spouse have decided your marriage is over and divorce is you next option, you need to know where to begin—unless this is your second divorce. There is a lot to think about and do before, during and after the divorce process. That is why USAttorneys and their team of divorce lawyers would like to discuss some of the basics of filing for dissolution in Georgia.
It’s important that you that Georgia, like most states, has residency requirements a couple must meet before they are allowed to divorce in the state. Couples who plan to divorce in Georgia must live in the state for at least six months before filing. If one spouse moves out of state, a couple can still file for divorce in the state as long as the other spouse remained in the state.Asset division is just one issue that can complicate divorce.
A couple must wait for at least thirty days after filing their initial divorce papers before it is finalized. If a couple hasn’t managed to agree on the final divorce settlement, their divorce could take even longer.
If you want to get a divorce in Georgia, you can choose to file for no-fault divorce; a fault divorce is not in an option in the state. With a no-fault divorce, couples are not required to state why they are seeking a divorce; they must only state they want a divorce. But Georgia treats no-fault divorces a little different, giving couples the option to cite one of twelve reasons for divorce such as infidelity or felony conviction, but listing a reason won’t change the final divorce settlement.
Georgia has no separation requirements, so a couple doesn’t have to file for a legal separation or live apart.Child custody isn’t always divisive.
Like almost all other states, Georgia is an equitable division state which requires property be divided between each spouse as equitably as possible. Divorce attorneys and judges take several factors into consideration when trying to determine how a couple’s assets should be decided. Those factors include the length of marriage, the value of the property and mutual assets being divided, and the individual finances of each spouse. If a spouse had assets they owned before marrying, those assets would remain theirs unless specified otherwise.
A spouse can seek spousal support and child support. If they are unable to work for any reason, or they must maintain a certain standard of living for their child, a spouse can also ask for long-term spousal support or alimony.
As for the issue of child custody, Georgia family courts look at what is in the best interest of a child before deciding which parent will have primary custody. Most courts in the state prefer joint custody arrangements, but they have numerous options they can explore.
These are just the basics of filing for divorce in Georgia. If you want more information or have questions or need help with any divorce-related issue, let USAttorneys help you locate a divorce lawyer near you in Atlanta to guide you through the divorce process.