Are You Getting Divorced in Atlanta?
Divorce is an incredibly difficult and emotionally charged process. If you live in Atlanta and have reached the point where you’re considering or ready to move forward with divorce, it’s crucial to take the right steps to protect your interests and ensure that the process moves smoothly.
Divorce is more than just a legal process; it’s a significant life change that affects your finances, relationships, and emotional well-being.
In Georgia, divorce is governed by state law, and understanding how the process works can give you the clarity and confidence you need to make informed decisions.
As Atlanta divorce lawyers, we wanted to write a blog post outlines the key steps you should take if you're planning to divorce in Atlanta, focusing on the legal and practical actions to ensure that you navigate the process successfully.
1. Acknowledge Your Decision and Take Time for Self-Care
Divorce is not only a legal process but also a deeply emotional one. Even if you are certain about your decision, it’s important to take some time to process your emotions. Divorce can bring up a mix of feelings—anger, sadness, relief, or even confusion. Acknowledging these emotions and seeking support, whether through a counselor, close friends, or family members, is vital to your well-being during this transition.
Taking care of your mental health early on can help you stay focused on the important legal and financial aspects of your divorce. Emotional support can also make it easier to navigate difficult conversations with your spouse, especially if there are children involved.
If you are unsure whether divorce is the right decision, consider seeking professional counseling or therapy to help you reflect on your situation. It’s always helpful to be sure of your decision before proceeding with divorce, as it can be difficult to reverse once the process begins.
2. Consult with an Experienced Divorce Attorney
The most important step you can take when considering divorce is to consult with an experienced divorce attorney. Georgia’s divorce laws can be complex, especially when dealing with property division, child custody, and spousal support (alimony). The Sherman Law Group and our experienced divorce lawyers can guide you through the process, explain your legal rights, and help you understand what to expect in your case.
An attorney will help you understand key issues such as:
- Property Division: Georgia is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally. A divorce attorney can advise you on how property division works in Georgia and help ensure you receive a fair share.
- Child Custody and Child Support: If you have children, child custody and support are significant issues in divorce. Your attorney can help you understand Georgia’s child custody laws and advocate for arrangements that serve the best interests of your children.
- Spousal Support (Alimony): If you’re entitled to alimony or spousal support, your attorney can help you understand how alimony is calculated in Georgia and advocate on your behalf for a fair arrangement.
Even if you believe your divorce may be amicable, legal representation is important to ensure that your rights are protected. Your attorney can help you avoid common mistakes and make the process as smooth as possible.
3. Understand the Grounds for Divorce in Georgia
Georgia is a no-fault divorce state, meaning you don’t need to prove that one spouse is at fault for the breakdown of the marriage. The primary ground for divorce in Georgia is that the marriage is “irretrievably broken.” This means that the relationship cannot be repaired and that there is no reasonable chance for reconciliation.
However, there are other grounds for divorce in Georgia, which are based on misconduct by one of the spouses. These grounds include:
- Adultery: One spouse has engaged in extramarital affairs.
- Cruelty: Physical or emotional abuse has occurred in the marriage.
- Abandonment: One spouse has left the other for at least one year without intention of returning.
- Imprisonment: One spouse is sentenced to a lengthy prison term.
- Drug or Alcohol Abuse: One spouse has a substance abuse problem that impacts the marriage.
Understanding the grounds for divorce is important because they can affect how property is divided and how issues like child custody and alimony are handled. For example, adultery may impact the court’s decision regarding alimony, but it does not affect the division of marital property in Georgia.
4. File for Divorce in the Appropriate Court
Once you’ve consulted with an attorney and decided to move forward with the divorce, the next step is to file a petition for divorce in the appropriate court. In Georgia, divorce cases are filed in the Superior Court of the county where either you or your spouse resides. For Atlanta residents, this would typically be in Fulton County, but it may vary depending on your county of residence.
The divorce petition will outline the grounds for divorce and any requests related to child custody, child support, property division, and spousal support. Once filed, the court will assign your case a case number and provide you with instructions on the next steps.
Your spouse will be served with the divorce petition, and they will have a certain number of days (typically 30 days) to respond. It’s important to ensure that the petition is properly served to avoid delays.
5. Gather Financial Documents and Information
A significant portion of the divorce process involves dividing assets and determining financial support. For this reason, one of the most important tasks to complete early in the divorce process is gathering all relevant financial documents.
You will need to provide the court and your spouse with full disclosure of your financial situation. This typically includes:
- Bank statements (checking, savings, investment accounts)
- Tax returns from the last 3–5 years
- Pay stubs and proof of income
- Property deeds and mortgage documents
- Investment accounts and retirement plans (e.g., 401(k), pensions)
- Life insurance policies and other valuable assets
- Credit card statements and personal loans
- Business records (if you or your spouse own a business)
This financial disclosure will be used to determine the fair division of marital property and, if applicable, spousal support or child support. Being honest and transparent about your finances is critical in ensuring a fair resolution to your divorce.
6. Determine Temporary Arrangements (If Necessary)
As the divorce process moves forward, you may need to establish temporary arrangements regarding living situations, child custody, and financial support. Temporary orders are court orders that remain in effect while the divorce is pending and may address issues such as:
- Child Custody and Visitation: If you and your spouse cannot agree on a custody arrangement, you may need to request temporary orders for visitation and custody until the divorce is finalized.
- Child and Spousal Support: Temporary child and spousal support can be ordered to ensure that both parties are financially supported during the divorce proceedings.
- Living Arrangements: If you and your spouse cannot continue living together during the divorce process, temporary orders can determine who will remain in the family home and who will move out.
- Debt and Bill Payment: Temporary orders may specify who is responsible for paying certain bills and debts while the divorce is in progress.
Requesting temporary orders can help establish clear guidelines and reduce conflict during the divorce process.
7. Work on Child Custody and Support Arrangements
If you and your spouse have children, child custody and child support are two of the most important issues you’ll need to address. In Georgia, the court determines custody based on the best interests of the child.
There are two types of custody in Georgia:
- Physical Custody: Who the child will live with.
- Legal Custody: Who will make major decisions about the child’s health, education, and well-being.
In most cases, parents will share joint legal custody, while physical custody may be awarded to one parent or shared between both parents. It’s important to be prepared for these discussions and understand what is in the best interest of your child.
Child support in Georgia is determined based on a set of guidelines, which take into account both parents’ incomes, the number of children, and other factors. Your attorney will help you understand how child support will be calculated in your case.
8. Prepare for Property Division
Georgia follows the principle of equitable distribution when dividing marital property. This means that property will be divided fairly, but not necessarily equally. Factors such as the length of the marriage, the contributions of both spouses, and the needs of the parties will influence how property is divided.
The types of property that need to be divided include:
- Real property: Homes, land, etc.
- Personal property: Cars, furniture, and valuables
- Bank accounts and investments
- Retirement accounts: 401(k)s, IRAs, pensions
- Business interests: If either spouse owns a business, the value of that business will need to be considered.
In Georgia, any property acquired during the marriage is typically considered marital property, while property owned before the marriage is usually considered separate property. However, dividing property can be a complex process, especially when assets are intermingled or when one spouse claims certain property as their separate property.
9. Negotiate a Settlement (If Possible)
While divorce can sometimes result in contentious litigation, many divorces are resolved through settlements outside of court. Negotiating a settlement allows both parties to reach an agreement on key issues such as property division, child custody, and support, without the need for a trial.
Settlement negotiations can take place between the spouses and their attorneys, or they can occur through the court’s informal settlement conferences. If both parties can come to an agreement, the court will review the settlement and issue a final divorce decree.
A settlement is often a quicker and less expensive route than going to trial, but it requires both parties to be willing to compromise.
10. Prepare for the Final Divorce Decree
Once all issues related to your divorce have been resolved—whether through negotiation, temporary orders, or a trial—the final step is obtaining the Final Judgment and Decree of Divorce. This document officially ends the marriage and outlines the terms of your divorce, including:
- Property division
- Child custody and support
- Spousal support
- Other agreements
Once signed by the judge, this decree becomes legally binding, and both parties must adhere to its terms. You’ll want to ensure that you understand all aspects of the final decree, especially if there are financial obligations, child custody arrangements, or support payments involved.
Georgia Divorce Lawyer Near Me
Divorce is a challenging and emotionally charged process, but by taking the right steps, you can ensure that you navigate it as smoothly as possible. If you’re in Atlanta and are ready to move forward with divorce, start by consulting with an experienced divorce attorney to protect your rights and interests.
By understanding Georgia’s divorce laws, preparing financial documents, and addressing important issues like child custody, support, and property division, you’ll be better equipped to handle the process and move on to the next chapter of your life.
If you need legal assistance or have questions about your specific situation, don’t hesitate to reach out to The Sherman Law Group, experienced family law attorneys who can provide you with the support and guidance you need.