Marietta, GA Divorce Attorney
How Long Does it Take to Get Divorced in Georgia?
The length of a divorce will heavily be dependent on the couple. For example, if a couple mutually agrees on most terms, the divorce process will go 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 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 court because you will need documentation that shows how much you spend on average for groceries and utility bills.
How Do I File for Divorce in Georgia?
Divorces are filed in the Superior Court and can take months or even years for it to be granted, depending on the complexity your case is. 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.
Residency Requirement for Divorce in Georgia
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 that is a resident must be the one who files for divorce.
Georgia courts will grant a divorce in less than 30 days after the divorce papers to the non-filing spouse. So, the spouse that filed for divorce is required to wait, even if both parties agreed to get divorced sooner.
Requirements for No-Fault & Fault-Based Divorce
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 defense.
Defenses for fault divorce include the following:
- Alcohol addiction
Getting a Temporary Court Order
If you are concerned about the other spouse selling assets without your knowledge, or you foresee visitation issues, you can get a temporary court order. A temporary court order will create regulations to ease the divorce process while keeping both spouses in mind.
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 not a 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 nonconfrontational divorce can possible 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 on 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.
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 rise up the price of divorce.
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.
Alimony & Divorce
Divorces that involve disputes over spousal support can also cost more than average. In most alimony disputes, spouses often disagree with home 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.
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.
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 to get experienced legal advice.
Why Should I Choose Warner Bates for My Divorce?
Our team at Warner Bates is here to provide the care, support, and dedicated representation you need during this time. We are passionate about 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:
- Complex Divorce
- High Asset Divorce
- Business Valuation
- Child Custody
- Child Support
- Division of Assets
With a rare, exclusive focus on divorce and family law, our team at Warner Bates 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 ever you have any questions about the divorce process in Georgia, we can assist you from the beginning stages, which occurs 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 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 for and our exceptional history of getting the results they need. The firm represents the gold standard for divorce and domestic law.
Please contact the firm today at (770) 766-8148 to discuss your situation and how we may assist you during this difficult time.