Navigating Divorce in Georgia: Protecting Your Family and Finances
Facing a divorce can feel overwhelming and sometimes downright terrifying. At Vayman & Teitelbaum, P.C., our goal is to help you get through your divorce and make the process feel less stressful. We serve residents from the center of Atlanta to Alpharetta, where our main office is located. Regardless of which type of divorce option suits you best, our experienced Georgia divorce attorneys can help you achieve the outcomes you’re hoping for and help you be confident that both your family and your finances are protected during the divorce process.
Hiring the Right Alpharetta, Georgia Divorce Attorney
The attorney you choose to represent you in your divorce is crucial because they can make or break your case. Not all lawyers are the same, and not all lawyers are qualified to handle divorce cases. It’s important to hire an experienced attorney who specializes in divorce and family law and has a strong track record of handling divorce cases in Georgia. They should be familiar with the judges in your county and know the legal process like the back of their hand. Additionally, they should have strong communication skills to keep you informed about your case.
You should feel confident in the Georgia divorce attorney you choose to represent you. A good rule of thumb is to imagine you weren’t able to advocate for yourself; you should feel confident enough in your attorney to represent your best interests in your absence. If, for any reason, you don’t feel that level of confidence in your attorney, you need to find a different divorce attorney in Georgia to handle your case.
Grounds for Divorce in Atlanta, Georgia
There are 13 grounds for divorce in the state of Georgia:
- Intermarriage by persons within the prohibited degrees of kinship
- Mental incapacity at the time of the marriage
- Impotency at the time of the marriage
- Force, menace, duress, or fraud in obtaining the marriage
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband
- Adultery in either party after marriage
- Willful and continued desertion by either party for one year
- The conviction of either party for an offense involving moral turpitude and sentence to confinement for more than one year, or hard labor
- Habitual intoxication or addiction to drugs or narcotic substances
- Cruel treatment toward either party of the marriage or the other's child, including an attempt to cause bodily harm
- Incurable mental illness
- Living separately under a decree of separate maintenance or a written separation agreement for at least one year
- Irretrievable breakdown of the marriage, which means that the marriage is broken beyond repair and there is no chance of reconciliation.
It's important to note that Georgia is a no-fault state, meaning that you do not need to prove fault in order to obtain a divorce. If a couple is living separately and both parties agree to the divorce, it can be granted on the grounds of "irretrievable breakdown of the marriage."
Filing for Divorce in Georgia
In order to file for divorce in Georgia, there must be (1) a valid marriage and (2) residence in Georgia by one of the parties for at least six months prior to filing for divorce.
The spouses do not need to be in a state of physical or legal separation to file for divorce, but Georgia courts do require that the parties be in an actual state of separation. A husband and wife can be in an actual state of separation and still live in the same house. In fact, there are situations where the couple remains in the same house throughout some or all of the divorce proceedings.
The 2 Main Types of Divorce
The state of Georgia offers two types of divorce: uncontested and contested. In an uncontested divorce, both parties agree on all issues, and there is no need to take the divorce to trial. In a contested divorce, the parties cannot agree on all issues; therefore, a judge is needed to help them reach an agreement.
In every divorce case, whether contested or uncontested, four main issues need to be resolved:
- Property division, particularly for high-asset couples.
- Custody and visitation of any children.
- Child support payments.
- Spousal support payments.
Child support in Georgia is primarily determined by child custody and parental income and follows a specific formula. However, spousal support is more flexible, as the court has the discretion to determine the amount, within certain limits, based on the circumstances of the case. Our lawyers can advise you on how the facts of your case may impact the court's decision, including the possibility of awarding additional marital property or title to the family home as a lump sum for alimony instead of monthly payments.
At Vayman & Teitelbaum, P.C., we take a client-centered approach to divorce cases. Our Alpharetta divorce attorneys use their legal expertise, strategic thinking, and practicality to create effective solutions for our clients. Contact our firm to discover how our dedication to client service can benefit you during your case.
Frequently Asked Questions From Divorce Lawyers
Divorce can be a complex and emotional process, and having the right divorce lawyers in Georgia is crucial to ensure that your interests are protected. Our team at Vayman & Teitelbaum, P.C. understands that you may have many questions about how divorce lawyers can assist you during this challenging time. Below, we've compiled answers to some of the most frequently asked questions about working with a divorce lawyer to help clarify the process and set your mind at ease.
What Role Does A Divorce Lawyer Play During The Divorce Process?
A divorce lawyer is your advocate and guide throughout the entire divorce process. They provide essential legal advice, help you understand your rights and obligations, and work to achieve the best possible outcome for your situation. Your Georgia divorce lawyers will handle the legal paperwork, represent you in court if necessary, and negotiate on your behalf to reach a fair settlement. By ensuring that all legal aspects are managed correctly, a divorce lawyer helps you focus on rebuilding your life.
How Do We Choose The Right Divorce Lawyer For Our Case?
Selecting the right divorce lawyer is a crucial decision that can significantly impact the outcome of your case. It's important to look for a lawyer who specializes in family law and has extensive experience with divorce cases like ours. You should feel comfortable with your Georgia divorce lawyers and confident in their ability to handle your specific needs. We recommend scheduling consultations with a few different lawyers to discuss your case and get a sense of their approach and style. Pay attention to how well they listen to you, answer your questions, and explain the process.
What Can We Expect During Our Initial Consultation With A Divorce Lawyer?
During the initial consultation, you will have the opportunity to discuss your situation and ask questions about the divorce process. Your lawyer will gather information about your case, including details about your marriage, children, finances, and any specific concerns you may have. This meeting is also a chance for you to evaluate whether the lawyer is a good fit. We suggest coming prepared with relevant documents and a list of questions to make the most of this consultation. This first meeting sets the stage for how your lawyer will approach your case.
How Long Does The Divorce Process Typically Take?
The duration of the divorce process can vary widely depending on several factors, such as the complexity of the issues involved, the level of cooperation between both parties and the court's schedule. An uncontested divorce, where both parties agree on all terms, can be resolved relatively quickly, sometimes within a few months. However, contested divorces, which involve disputes over matters like property division, child custody, and support, can take much longer, often a year or more. Your divorce lawyer will work to resolve your case as efficiently as possible while ensuring that your rights and interests are protected.
If you have further questions or are ready to discuss your case, we are here to help at Vayman & Teitelbaum, P.C. Contact us today to schedule a consultation and let us assist you in taking the next steps toward a new beginning. Our team has over 25 years of legal experience and is dedicated to providing compassionate, professional legal support tailored to your unique situation.