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The Legal Grounds for a Divorce in Georgia
Under Georgia divorce law, there are thirteen grounds a divorce can be filed on, with one being a no-fault ground for a marriage being irreconcilably broken and the other twelve being fault grounds. To seek a no-fault divorce, one party must reject living with the other spouse and deem the marriage is irretrievably broken. To seek a divorce on a fault ground, the person seeking the divorce must prove that at least one of the spouses in the marriage has committed a wrongdoing.
To obtain a Georgia divorce, there is a residence requirement where one spouse must have lived in Georgia for six months or Georgia must have been the most recent domicile of the matrimony. Before a divorce can be filed, the couple must be considered legally separated, which means no longer engaging in sexual relations and at the minimum having separate bedrooms if still living in the same residence. One can file for a divorce by submitting a complaint in the Superior Court of the county the defendant currently resides.
Summary of the Requirements for Obtaining a Divorce in Georgia
- You must live in Georgia for six (6) months before you are legally entitled to file for divorce in the state. Non-residents can file against a resident who meets these guidelines.
- You may represent yourself in the divorce, but hiring a professional will greatly aid you in shortening the process and having a more effective argument. For these reasons, hiring an experienced attorney could even reduce your legal fees.
- A no-fault divorce means that your marriage is “irretrievably broken” and there is no hope of you and your spouse getting back together. You must be living separately at the time, but do not need to list a specific wrongdoing on part of your spouse.
- A divorce is not required for a “separate maintenance” order. Such an order covers custody, alimony, child support and can also cover property rights.
- If your spouse is abusive, tell your lawyer or the court about your situation. You can ask the court to order the abuser to stay away from you, and making the court aware of this is important because it could affect the court’s decision in respect to custody, visitation, and alimony.
- An annulment occurs when a court declares your marriage legally invalid. It may not be granted in cases where a child was born of the marriage. If it is granted, it returns the parties to their original status before marriage.
Coleman Legal Group, LLC has quickly become one of the most trusted divorce & family law litigation firms to seek help from if facing a divorce in the Smyrna, Georgia area. Our attorneys at Coleman Legal Group, LLC will work hard to provide you with the dedicated and effective legal representation you deserve and require. Coleman Legal Group, LLC has helped hundreds of clients in the areas of Divorce and Family Law. Our main office is located conveniently off GA400, Exit 9 or Exit 10. You can call us at 770-408-0477 to speak with an attorney and schedule a confidential consultation at our Atlanta, Georgia office located at: 659 Auburn Avenue Northeast, Atlanta, GA 30312. We also can see clients in our Alpharetta, Georgia office located at: 5755 North Point Parkway, Suite 52, Alpharetta, Georgia 30022 by appointment. More Information >>
Smyrna and Atlanta, Georgia Divorce & Family Law Cases are Filed Where? Smyrna, GA Divorce and Family Law cases are usually filed in Cobb County Superior Court – or the county of the defendant. There are several exceptions to this general rule where a Divorce or Family law case should be filed – which our attorneys can explain in a confidential consultation. More Information >>
• Georgia Uncontested Divorce • Georgia Contested Divorce • Separate Maintenance and Legal Separations • Child Custody and Child Visitation • Child Support • Child Custody Modifications • Child Support Modifications • Paternity • Legitimation • Alimony and Spousal Support • Contempt • Temporary Hearings • Name Changes • Annulments • Adoptions • Prenuptial, Antenuptial and Agreements in Anticipation of Divorce
Divorce cases in Smyrna, Georgia can by uncontested or contested. And like other Georgia counties, issues such as child support, child custody, alimony, equitable division of assets and debts are either settled on by the parties or decided by a Superior Court Judge. Temporary hearings are also an option when needed in Smyrna, Georgia divorce and family law cases.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Bankruptcy, Immigration and Business Law. We have two convenient offices located at:
Alpharetta Georgia Office
5755 North Point Parkway
Alpharetta, GA 30022
Atlanta Georgia Office
659 Auburn Avenue Northeast
Atlanta, GA 30312
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