We know that divorce is a very difficult topic to face. That’s why, on this occasion, Caroline Pineres answers some of the most frequently asked questions about divorce in Atlanta, so you can be well-informed and make the best decision.
Where can I file for divorce?
It depends, if it is a divorce, in the county where the parties live. If the parties live in different counties, it is filed in the county where the defendant or the other party lives. If the case involves children, it is filed in the county where the minors live.
For a divorce, the state of Georgia has a rule that requires at least 6 months of residency in the state to file for divorce.
What happens if there is domestic violence?
The victim can go to the county court where they reside and request a protection order. If they already have a case or wish to open a case (divorce, custody), they can request a protective measure from the judge, but the most viable option is a TPO, or Temporary Protective Order.
What are the steps to start a divorce in Atlanta, Georgia?
You can consult with a family law attorney to help you with this process; if not, you can go to the appropriate county court or the county where you live, fill out all the necessary documents, and file the petition.
How much does a divorce cost in Atlanta?
It depends on each case, the duration of the process, and the various factors involved. It cannot be estimated unless it is an uncontested divorce.
How long does it take to complete a divorce in Georgia?
It depends on many variables, from the county to the cooperation of the parties; but the minimum, if both parties agree, is 31 days after the other party has been notified or served with the documents or has acknowledged service or notification.
What are the requirements to get a divorce in Georgia?
Have lived in the state of Georgia for at least 6 months.
What is a no-fault divorce in Georgia?
When the parties divorce due to irreconcilable differences or by mutual consent.
What is divorce mediation and how does it work in Georgia?
Mediation involves a neutral third party who facilitates discussions to reach an agreement between parties in conflict. The mediation process is more informal and aims to focus each party’s attention on their needs and interests rather than their rights and positions. The mediator can help the parties think of solutions to the issues at hand, but will not offer an opinion on how the case should be resolved.
How is property divided in a divorce in Georgia?
It is divided equitably, meaning what the law considers fair. In most cases, it is divided equally.
What is spousal alimony?
Alimony is the money one spouse pays to the other after a divorce to help support the other party for a period of time while they recover financially.
Are there any special requirements when getting a divorce with children?
Yes. In a divorce, efforts are made to act in the best interest of the minor children. Usually, the goal is to avoid affecting their status quo; however, it will always affect them emotionally. Therefore, the court orders the parties to attend a parenting seminar to help them through this new process and family dynamic.
If my partner and I reach a separation agreement, do we still need a lawyer?
It is not necessary, but it is a useful tool to have assistance in drafting the documents that reflect the agreement between the parties and to have the lawyer assist in the process of obtaining the divorce order signed by a judge. However, the parties can represent themselves and fill out the documents on their own and file them with the court. It is not a requirement to be represented to file for divorce.
We hope these answers to frequently asked questions about divorce in Atlanta will help clarify your case. If you need help with a divorce in Georgia, call us at 1-770-956-9961 | 1-404-920-4746 and schedule a consultation to work on your case.
