Law Office of Kathryn N. Hedden
Cumming Family Law

The ABCs of your Georgia divorce

When you and your husband got married, you thought it would be forever. Fifteen years and three kids later, he packed his bags and moved out. Now you are facing divorce and you are not sure where to begin. One of the first things you should do is to contact a local divorce lawyer to discuss your situation.

An experienced attorney can guide you through the court process, help you handle custody issues, and negotiate your divorce settlement. Even with legal counsel, it is important to understand basic Georgia divorce laws. Just like other states, there is a certain process you will have to go through in order to be legally divorced.

What is no-fault divorce?

Georgia allows for "no-fault" divorces. This does not mean that one or both of you cannot invoke other grounds such as cruelty and adultery. However, in a no-fault state, neither one of you has to prove that the other was at fault for the end of the marriage. One of the main requirements for getting divorced in Georgia is that whichever one of you files for the divorce must have been a resident of the state for at least six months before filing.

The court will wait no less than 30 days before granting your divorce. This is standard procedure in case you and your husband reconcile after filing for divorce. The 30-day waiting period will give the two of you a chance to cool down and perhaps rethink the decision. Even if you and your husband agree to the divorce sooner, and you file the documents, the court will still wait for 30 days after the papers have been served to your husband before finalizing the divorce.

The no-fault divorce is the most common in Georgia. One of the reasons for this is that a no-fault divorce moves through the court much faster. Even if your husband committed adultery, you can still file for a no-fault divorce in order to expedite the process. However, if you choose to file for a fault-based divorce, you will have to prove his adultery, cruelty or other legal justification.

Messy live, clean divorce

Getting divorced does not necessarily have to be adversarial or contentious, especially if both of you are in full agreement that you need to end your marriage. Part of having a low stress divorce is choosing the right legal counsel to help with the process. Contact an Atlanta divorce attorney today for advice on how best to handle ending your marriage and working through custody issues.

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Law Office of Kathryn N. Hedden
418 Pirkle Ferry Road, Suite 111
Cumming, GA 30040

Fax: 678-648-5466
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