Decatur Divorce Attorney

Grounds for Divorce in Georgia

Georgia has provisions for both “no-fault” and “fault” divorces.

No-fault divorce – A no-fault divorce is when a spouse doesn’t have to prove any faults in the other spouse to justify the divorce. Instead, the justification for the divorce is due to an “irretrievable breakdown” of the marriage. This means that the marriage is broken and cannot be repaired. Even if there is another reason for the divorce, no-fault divorces are the most common since they are more simple and straightforward. They don’t require any type of proof.

Fault divorce – A spouse can also file for divorce based on a particular fault of the other spouse. In Georgia, the person "at fault" of the marriage can impact the outcome. For example: If your conduct (such as an affair or terrible treatment) causes the breakup of the marriage, the judge may decide it is not reasonable to make the innocent partner lose the marital house or might award a higher portion of marital home to the innocent partner. no fault divorce. Some of these other faults include:

• Adultery
• Cruelty
• Violence
• Abandonment
• Substance addiction
• Impotency
• Insanity
• Fraud in obtaining the marriage
• Criminal activity

Furthermore, in order for a couple to obtain a divorce in Georgia, they must meet the residency requirement. At least one of the spouses must be a state resident for six months or more before filing for divorce.

Don’t hesitate to contact our firm regarding your specific situation. We will advise you on the best way to proceed with your divorce.

Cost of Divorce in GA

While our divorce lawyer in Decatur, GA uses a collaborative approach for every case, you won’t be paying double to work with our team. For the cost of one attorney, you will benefit from our collective insights, unique perspectives, and cost-effective solutions. You can hear it from our clients themselves, or contact us directly to see how we can help you.

Professional & Personable Georgia Lawyers Here To Help You

Our experienced divorce attorneys in Decatur, GA are well-versed in the legal challenges ahead of you in a divorce, and we offer the tailored solutions and insightful guidance you deserve for every step, including:

We are ready to work with you to craft the personalized legal strategy you need to move forward to a stronger future. Our divorce attorneys in Decatur, GA will also work with you to find the fee structure that is appropriate for your case and right for you. Please don’t hesitate to get the individualized counsel and one-on-one service that you deserve.

Does It Matter Who Files for Divorce First in Georgia?

While it doesn't matter to the court which spouse files for divorce first in Georgia, there are several advantages. You'll have control over timing, the ability to choose the grounds for divorce, your choice of divorce attorney, and you'll stop your spouse from moving marital assets.

Control the Timing

When you are the spouse filing for divorce, you can get yourself prepared. You can establish bank accounts in your name, get approved for credit card accounts your spouse doesn't have access to, and gather all the documentation you need. Once a divorce is filed, the court only allows 30 days for a response from the defendant, which isn't very much time to get your affairs in order.

Choose the Grounds for Divorce

If you are the spouse initiating the divorce, you are able to choose which grounds will apply to your divorce. Georgia courts recognize a variety of reasons for divorce, including a no-fault ground which asserts that the marriage is irretrievably broken due to no fault of either spouse.

Pick Your Decatur Divorce Attorney

Filing for divorce first allows you to choose any divorce attorney you'd like to represent you. There's nothing worse than having a divorce attorney in mind only to find out that your spouse has retained that same attorney.

Protect Marital Assets

In Georgia, once a divorce is filed, marital assets cannot be moved. This means that if you wait to file for divorce, your spouse could take money out of joint accounts or move assets in order to keep them from you. Filing for divorce first forces your spouse to leave everything where it is, or risk repercussions from the court.