Divorce

Divorce Attorney in Atlanta

Filing for Divorce in Georgia

Divorces are filed in the Superior Court and can take months or even years to be granted, depending on the complexity of your case. To file for a divorce, you should write a petition that describes your current living situation. The petition should state your shared assets, debts, and any arrangements you have made for child visitation. Our legal team can help you with the filing process to ensure that it clearly explains your situation.

Filing for divorce also requires meeting Georgia's residency requirements, completing the Domestic Relations Financial Affidavit, and following the state's procedural rules for serving divorce papers to your spouse. The assistance of a qualified divorce lawyer in Atlanta can be invaluable in ensuring that all procedural requirements are met and that your rights are fully protected throughout the divorce process.

Contact our trusted divorce lawyer in Atlanta at (770) 766-8148 to schedule a confidential consultation.

Why Choose a Divorce Lawyer in Atlanta from Warner Bates McGinnis & Anthony?

Our team at Warner Bates McGinnis & Anthony is here to provide the care, support, and dedicated representation you need during this time. We are committed to serving our clients with excellence. Divorce can turn out to be one of the most difficult experiences of your life. Even the most amicable split involves some contention and stress. And unfortunately, the financial consequences of a divorce can last a lifetime.

Our legal team can help you with the following areas of divorce:

With a rare, exclusive focus on divorce and family law, our team at Warner Bates McGinnis & Anthony stands out within the Atlanta legal community for our experience as well as our deep knowledge of the legal code regarding divorce in the state of Georgia. If you ever have any questions about the divorce process in Georgia, we can assist you from the beginning stages, which occur when you first file the Complaint for Divorce in the Superior Court, to the issuance of the divorce decree and completion of the divorce case.

In addition to over 40 years of dedicated divorce focus, three of our partners are the authors of the definitive books on divorce law in Georgia. These manuals are updated annually and serve as the main body of legal reference for judges and lawyers throughout the state.

The attorneys at Warner Bates McGinnis & Anthony are not only among the most experienced in the profession, but also the most highly respected. We are known throughout the United States, and in fact across the globe, for our commitment to delivering an elite level of legal representation for our clients and our exceptional history of getting the results they need. The firm represents the gold standard for divorce and domestic law.

Georgia's Residency Requirements for Divorce

To get divorced in the state of Georgia, one of the spouses needs to be a resident of the state. The residency requirement before filing for divorce is six months. The spouse who is a resident must be the one who files for divorce.

Georgia courts will grant a divorce in less than 30 days after serving the divorce papers to the non-filing spouse. So, the spouse who filed for divorce is required to wait, even if both parties agreed to get divorced sooner.

Beyond these requirements, it's also essential to demonstrate continuous residency during the pre-filing period. If military service is involved, special provisions may apply, offering some flexibility in meeting these residency requirements. Understanding these nuances can prevent unnecessary delays or challenges in completing your divorce.

How Long Does it Take to Get Divorced in Georgia?

The length of a divorce will heavily depend on the couple. For example, if a couple mutually agrees on most terms, the divorce process will proceed smoothly. If a couple cannot agree on terms, it will have to be settled through mediation or by the court, lengthening the divorce process.

One of the first things you should do when getting divorced is gather important documentation. Make copies and safely store documents like tax returns, mortgage documents, deeds, bankruptcy petitions, and all other documents related to joint finances. You should also start keeping a monthly budget. This is helpful when you present your case to the court because you will need documentation that shows how much you spend on average for groceries and utility bills.

It's important to note that an uncontested divorce in Georgia may take as little as 31 days after serving the divorce papers, provided there are no complications. However, contested divorces, which require the resolution of disputes either through negotiation or judicial intervention, can take several months, depending on the court's docket and case complexity. Understanding these timelines and preparing adequately can help manage expectations and reduce stress during the process.

No-Fault vs. Fault-Based Divorce in Georgia

A no-fault divorce is when a couple shows the court that there has been an “irretrievable breakdown” in the marriage. This means that neither party must prove that one of them is at fault for the marriage’s failure. Most couples file for no-fault divorce because the process is typically faster. Couples must show that there is a substantial incompatibility between the spouses and that issues cannot be resolved.

The pros of no-fault divorces are that they are faster, easier, and often less expensive than at-fault divorces. They also decrease the emotional conflicts between both parties. The con of no-fault divorces is that spouses do not have grounds to argue their case.

Defenses for fault divorce include the following:

Adultery
Desertion
Violence
Alcohol addiction

In a fault-based divorce, proving fault can potentially influence the division of assets, alimony, and child custody determinations. However, it also requires a higher burden of evidence, which can lengthen and complicate the divorce proceedings. Understanding the implications and choosing the right type of divorce for your circumstances is crucial, and consulting with an attorney can aid in making this important decision.

Obtaining a Temporary Court Order During Divorce

If you are concerned about the other spouse selling assets without your knowledge, or you foresee visitation issues, you can obtain a temporary court order. A temporary court order will create regulations to ease the divorce process while keeping both spouses in mind.

Temporary orders can also address temporary child custody and support arrangements, as well as spousal support. These orders are designed to maintain stability and protect both parties' interests while the divorce process is ongoing. Obtaining such an order requires filing a request with the court, and an attorney can assist in advocating for your needs effectively during this interim period.

Local Resources for Divorce Assistance in Atlanta

Atlanta offers a range of local resources to support individuals going through a divorce. Beyond legal assistance, these resources can provide emotional and logistical support to help navigate this challenging time. Some valuable local resources include:

The Family Division of the Superior Court of Fulton County: Located in downtown Atlanta, this court manages all divorce filings and related family matters. Their website provides useful information on filing procedures, forms, and court schedules.
Atlanta Volunteer Lawyers Foundation: This organization offers pro bono legal services to low-income individuals facing family law issues, including divorce. Their services can be invaluable for those in need of legal guidance but unable to afford private counsel.

Engaging with these resources can provide additional layers of support, offering both legal assistance and community referrals for counseling and financial planning, tailored to the unique needs of those experiencing divorce in Atlanta.

FAQs About Divorce in Atlanta

What Is the First Step in the Divorce Process?

The first step in a divorce is filing a petition with the appropriate Superior Court. The petition states the grounds for divorce and details essential information about the parties involved, including any children. It's advised to consult with a divorce attorney in Atlanta before filing to ensure the paperwork is complete and accurately reflects your situation.

How Can Mediation Benefit My Divorce?

Mediation offers a non-adversarial approach to resolving divorce disputes. It allows both parties to negotiate with the assistance of a neutral third party, aiming for a mutually agreeable settlement. This process can result in significant savings of time and cost compared to traditional litigation, often leading to more amicable post-divorce relationships.

What Factors Affect Child Custody Decisions?

In Georgia, child custody decisions are made in the best interests of the child. Factors include the child's relationship with each parent, the mental and physical health of both parents, and each parent's ability to provide for the child's needs. Courts also consider the child's wishes if they are 14 years or older.

Can I Modify My Divorce Decree?

Yes, modifications to divorce decrees are possible if there's a substantial change in circumstances, such as a job loss or relocation. It's essential to file a request with the court to seek modifications to aspects like child support, custody, or alimony. Legal counsel can be crucial in effectively navigating these changes.

Do I Need an Attorney for an Uncontested Divorce?

While an attorney is not legally required for an uncontested divorce, having professional legal guidance can ensure that all paperwork is completed correctly and that your rights are protected. Attorneys can also offer valuable insight into potential settlement options and help address any unforeseen issues that may arise during the process.

Average Cost of Divorce in Georgia

If you’re getting divorced in Georgia, you might be wondering what the cost of divorce is going to be. However, there is no standard cost for divorce. Instead, the cost of divorce will vary depending on your unique situation. We can explain what the average cost for divorce is and what factors will affect that cost.

The average cost of divorce can be an average of $9,000 to $15,000 depending on your unique situation. There are factors that can make divorce more complex and more expensive. Seeking a healthy and non-confrontational divorce can possibly reduce the cost of divorce. The price will highly depend on what your divorce consists of.

Attorney fees will vary but you will need to pay for court filings, cost of copying and sharing documents, and compensation for witnesses and consultants, such as financial analysts and appraisers. Since there is no set fee for divorce, it’s best to speak with an attorney to obtain a more accurate estimate of what your divorce will cost.

There are many different factors that contribute to the cost of divorce in Georgia. Some factors include whether you have children, whether you and your spouse can agree on various factors, and whether you need to divide large assets.

Other considerations impacting cost include the level of court intervention required, the division of retirement funds, and any disputes over alimony. Mediation and alternative dispute resolution methods may provide cost-effective solutions by facilitating agreements outside court settings. Engaging with a knowledgeable divorce attorney can help identify ways to manage expenses effectively while securing your interests and priorities during the divorce.

Getting Divorced With Children

The sensitive issues of child custody and child support are often the most emotional and difficult aspects of divorce. Having children can make divorce more complex because couples often get into custody battles to fight for more parenting time or more custody rights. Since tensions run at their highest when divorcing parents can’t agree on custody agreements, it can extend the divorce process. With negotiations and proceedings, it can quickly raise the price of divorce.

Securing a child custody arrangement that supports both the child's best interests and the parents' concerns can require detailed negotiation. Factors such as the child's education, healthcare, and overall well-being are vital considerations. Negotiated agreements often benefit all parties by fostering cooperative co-parenting focuses post-divorce. Legal guidance can be critical in navigating state-specific custody laws, ensuring fairness and stability for both parents and children.

Property Division & Divorce

Property division is another factor that can contribute to the costs of divorce. Property divided before the marriage or by gifted inheritance is considered separate property. However, any other assets are considered marital assets and they need to be divided fairly between both spouses. High-valued assets or business assets can make the divorce process lengthier and more complex.

The division of property also involves assessing liabilities such as mortgages, loans, and debts acquired during the marriage, which must be equitably divided. Expert valuation of assets, such as businesses, investments, and retirement accounts, is often necessary to ensure an accurate and fair distribution. Legal strategies tailored to your situation can help protect your financial interests and minimize disputes during property division.

Alimony & Divorce

Divorces that involve disputes over spousal support can also cost more than average. In most alimony disputes, spouses often disagree with how much the working spouse actually makes or how much the other spouse should be able to earn. It’s important to keep in mind that preparing for trial can increase your costs in a divorce.

Alimony decisions consider various factors, including the duration of the marriage, each spouse’s financial resources, age, physical condition, and standard of living during the marriage. Temporary alimony may be awarded during the divorce process to provide support until a final agreement is reached. Understanding alimony guidelines and potential tax implications is crucial, and an attorney can provide detailed advice tailored to your circumstances.

Benefits of Obtaining Guidance During Divorce

Getting divorced is an overwhelming process—especially with the costs involved. Although the cost of divorce may go up with the most issues you have to address, it’s important to understand the benefits of having guidance during those challenging times. Not having an experienced attorney or consultant on your side can affect the outcome of your divorce. An experienced attorney can help you navigate through complex and emotional issues like child custody battles and property division. These factors will affect the rest of your life, so it’s important to take the right steps to get the best possible results for your case.

Professional legal assistance provides strategic orientation and emotional support, empowering informed decision-making throughout the divorce proceedings. Attorneys can help review financial documents, communicate with opposing counsel, and prepare for court appearances if necessary. Their expertise in negotiation can lead to favorable settlements, potentially reducing time, stress, and expenses compared to contentious litigation.

Post-Decree Divorce Assistance in Atlanta

Already completed your divorce? There are many situations where a post-decree modification becomes necessary, and our attorneys are ready and able to provide the assistance you need. These situations might include modifications to support payments, petitioning the court for joint or full custody of your child, or filing an enforcement order for negligent payments on behalf of your ex-spouse. Regardless of your reason for a modification, we encourage you to contact a lawyer from Warner Bates McGinnis & Anthony to get experienced legal advice.

Securing a favorable post-divorce modification requires understanding legal standards for changes, such as substantial changes in financial circumstances or the best interests of children. Legal support during this process ensures all documentation is accurately prepared and effectively presented to the court, increasing the likelihood of securing a favorable outcome that aligns with your needs.

Contact us today at (770) 766-8148 to discuss your situation with our trusted divorce lawyer in Atlanta.

Continue Reading Read Less

Meet Our Team

Nearly 300 Years of Combined Experience Advocating for Your Family

View All Staff

Our Values

What Distinguishes Our Firm from Others in Atlanta?

Focusing Exclusively on Domestic Law Matters
Our Attorneys Wrote the Books on Divorce Law
Upholding the Strictest Standards of Confidentiality
A Reputation for Integrity, Excellence & Results

Reach Our World-Class Legal Team

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Warner Bates McGinnis & Anthony at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy