Atlanta Divorce Lawyer

The divorce process is started by a spouse (called the petitioner) filing a divorce petition with the superior court. To file, you must have resided in Georgia for a minimum of six months prior. The spouse receiving the petition (called the respondent) then files their answer. A judge may grant a divorce after no less than 30 days from the date of service, although disputes and litigation would cause the process to take longer. 

The vast majority of Georgia divorces are granted on the state’s no-fault option, which is based on the marriage being irretrievably broken with no chance of reconciliation. This is generally the easiest and fastest way to divorce, as neither party has to prove marital misconduct on the part of the other. However, even this type of divorce can be contested by a counterclaim of fault from the other spouse or due to disagreements between the parties over how to resolve divorce-related issues.

These issues include:

• The division of marital property and debt (called equitable distribution)
• Child custody and visitation
• Child support
• Alimony, also known as spousal support
• Attorneys’ fees

Georgia also provides 12 fault-based grounds for divorce, ranging from cruel treatment, desertion, and adultery to drug or alcohol abuse, mental incapacity, impotency, fraud, and more. These types of divorces occur much less often because of their need for litigation; they are more time-consuming, expensive, and stressful for most couples. 

The Temporary Divorce Hearing

The procedure for obtaining a divorce and any other relief requested by a party may initially begin with a temporary hearing in front of a superior court judge. In this hearing, you and your spouse present evidence and witnesses. The judge will then rule upon the temporary issues in your case, such as temporary custody and parenting time, child support, alimony, payment of debts, and more.

The Final Divorce Trial

The temporary order will last until the final trial or you and your spouse can come to an agreement resolving all issues. If you are unable to resolve the issues on your own, your case will then proceed to a final trial where the permanent issues are heard and decided by the judge or jury. However, at any time, you and your spouse can come to a final agreement and sign a contract resolving the entire matter. Most courts also require that you participate in alternative dispute resolution, typically mediation, as a process to reach a settlement. 

Divorce Mediation

Mediation is presided over by a fully trained individual, typically a lawyer, who attempts to assist you to find common ground on the disputed issues. This is a valuable resource that provides you with an additional forum where a third party listens to your concerns to help you reach a mutual understanding.

How Long Does a Divorce Take?

The length of time that a divorce case takes depends on several factors. A truly uncontested divorce without children, assets, or other issues can take as little as 31 days. Conversely, a matter involving contested custody, numerous properties needing valuation, closely-held businesses titled to one spouse, or business interests that may also need valuation, can prolong proceedings for months or even a year or more. Experts in valuation, guardians, or psychologists may need to be consulted. The court’s busy calendar can also delay the process. Spouses who are ready to resolve their disputes and are more willing to cooperate can shorten the timeframe considerably.

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