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678-880-9360Entering into a divorce can be confusing, frustrating, and expensive. Divorce is a major life-changing experience. Don't enter into divorce without at least some idea of what to expect and how things go in real life.
This page will introduce you to Georgia divorce laws and the process for getting a divorce in Georgia. (This page is not legal advice for any particular situation. Consult with a lawyer to determine what is best for you.)
In Georgia, you can file for uncontested divorce, contested divorce, and annulment. If you're having doubts you can file a Separate Maintenance Agreement which is the Georgia equivalent to legal separation. Each option has it's own pros and cons. Consult with a lawyer to learn what you need."
In order to begin the divorce process in Georgia, you must satisfy legal requirements and manage the initial tasks. Hiring a divorce lawyer is strongly recommended.
Litigation generally refers to the back-and-forth discussions between lawyers to negotiate the terms of your divorce. The lawyers represent their respective clients, buffer emotions which hinder productive conversations, and work to arrive at a fair and equitable outcome. It's important to keep in mind that litigation costs money - choose your battles wisely. Negotiate in good faith and focus on getting reaching a conclusion.
Depending on the type of divorce you have (contested or uncontested) the discovery and litigation process will be somewhat different. An uncontested divorce is rather straightforward with minimal conflict. A contested divorce mandates a significantly higher degree of discovery, documentation, and discernment. A contested divorce, often a court case, may require forensic audits, private investigators, and more to reach a conclusion.
In an uncontested divorce the litigation is relatively minimal. Child-related issues are the top area for accumulating litigation time. Typically the spouses have informally agreed to most aspects of property division.
In a contested divorce, emotions run high and virtually every key point brings arguing. This makes contested divorces highly stressful and more expensive than uncontested divorces.
On a related note, annulments are usually very simple. An annulment is a legal declaration that a marriage was never valid, treating it as if it never happened. The time of the union is very brief and it is easier to effectively set things back to where they were.
After the litigation process has been completed, the mutually accepted terms are compiled into a Settlement Agreement. A Parenting Plan is included if there are minor children involved. The documents will be submitted to the court for review and approval.
The court has the authority to ask questions, and disapprove any part of the Agreement. When the family court judge approves the Agreement, the divorce documents will be sent to the Clerk of Court's office. There, they will become official records and your divorce is final, and effective immediately. You and your ex will receive stamped copies of the divorce decree.
Technically, a divorce could be completed in 31 days, however; this is rarely the case. Because a divorce takes time, and your finances will be greatly impacted, you should ask your lawyer about Temporary Orders.
An uncontested divorce in Georgia typically takes between a few months months to one year. The amount of litigation (fighting) is the main driver in how long it takes to have your divorce made final.
A contested divorce in Georgia usually takes between six months to many years. The amount of litigation can be extensive due to high-conflict attitudes and complexities. Divorces involving a high net worth, divorces with a business, and divorces with bankruptcies take a lot of time to sort out.
A Parenting Plan provides a detailed framework for how parents will share responsibilities and time with their children. It can address any aspect of raising your minor children and include anything the court approves.
Key points of a standard Parenting Plan are: child support, custody, visitation, moral terpitude restrictions, and decision making authority. Legal and physical custody can be set as Sole or Joint (shared).
Changing your Parenting Plan, aside from an emergency court order, is done via a decree modification. Divorce laws in Georgia allow you to file for a modification once every two years.
To be successful in pursuing a modification, it is important to be able to show a significant change in circumstances. Hire a lawyer for best results.
Divorces with children involve a certain level of scrutiny for parents. There are various requirements, mandatory and elective, to help people be better parents.
Parenting Seminar (mandatory): If you have minor children, both parents must attend and complete a Divorcing Parent Seminar. This is a one-day event that serves to facilitate better co-parenting, and put the parent's focus on what is best for the children.
Substance Abuse Counseling (potential): For parent's with substance abuse problems, they may be required to get counseling or other services. Substance abuse issues can present problems for custody and visitation.
Anger Management (potential): For parent's deemed to have anger issues may be required to get counseling or attend classes. Anger issues can present problems for custody and visitation.
Family Therapy (potential): offers a professional approach to address conflict and improve interpersonal skills. The goal is to improve family dynamics and mitigate destructive patterns.
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678-880-9360