Below are some frequently asked questions and answers about divorce in Georgia.
What is a divorce?
It is a term used to describe the legal termination of a marriage. When filing divorce papers in a fault divorce, each spouse must state a reason for wanting to terminate the marriage. Georgia state law recognizes twelve such reasons, which include mental or physical cruelty, drug addiction, and conviction for certain crimes. For a no-fault divorce, one spouse simply needs to state that the marriage is irretrievably broken.
What is no-fault divorce?
It is when the spouse seeking the divorce does not have to prove that the other partner did something wrong.
What is a fault divorce?
This occurs when one party blames the other for causing the divorce.
Do I have to involve the court to get a divorce?
Yes, because marriage is a legal bond. Therefore, if a person desires a divorce, he or she has to get the courts involved.
What are the first steps taken in court for a divorce?
You must file a summons, which is a legal document that notifies your spouse of your intentions. Next, you need to file a petition that asserts specific claims against your spouse and outlines what you request from the court.
How long does a divorce usually take?
Every divorce is different, so the time for each divorce varies. Typically, a divorce takes anywhere from 31 days to a couple of years. When a judge signs the divorce decree, then the divorce is officially final.
What is the duration of residency to obtain a divorce in Georgia?
Six months or 180 days.
Can my spouse and I use the same attorney when going through a divorce?
No. One attorney cannot ethically represent both individuals involved in a divorce case, since a divorce action involves two people with complete conflicts of interest.
Can a spouse prevent the courts from granting a divorce?
It depends on the type of divorce the other spouse seeks. The other individual cannot stop a no-fault divorce. A fault divorce, on the other hand, can be challenged by the spouse not seeking the divorce. The individual must go to court to prove that he or she is actually not at fault. If proven, then the fault divorce could be defeated.
What is collaborative divorce?
In a collaborative divorce, the attorneys for both sides agree to assist their clients in resolving conflicts by employing cooperative techniques rather than adversarial strategies and litigation. All the people involved commit themselves to achieving a negotiated outcome. It is agreed that no litigation will commence during the negotiations.
What are the advantages of collaborative divorce?
The most obvious benefit is the reduction in stress and emotional trauma. Here, both sides work together in a private setting to come up with a mutually beneficial resolution.
The right attorney can help you with your Georgia divorce
The dissolution of your marriage is a stressful event. The Gwinnett County divorce attorneys at Oxendine & Sauls, LLC help clients minimize stress by providing competent, zealous representation to obtain the equitable distribution of property, protection of parental rights and fair child and spousal support.
To schedule a consultation, call us at 678-894-3700 or contact us online.