What Is the Divorce Process in Georgia
No two divorces in Georgia are exactly alike, but most follow the same basic path forward. This generally begins with one spouse filing for divorce, which triggers the steps that are to come. The bottom line is that your parental and financial rights are on the line, and having the skilled legal counsel of an experienced Forsyth County divorce attorney on your side from the start is always in your best interest.
Service of the Divorce Papers
To begin, one spouse files for divorce papers and must have the other served with these official documents. If, however, you and your divorcing spouse agree on the matter, you can exchange the papers between yourselves and skip the need for service by signing an Acknowledgement of Service.
Discovery
From here, you and your soon-to-be ex will exchange financial documentation and any other information that each side needs to establish fair divorce terms. Depending on the circumstances of your divorce, this discovery process can be straightforward, extremely complicated, or somewhere in the middle. You can, however, count on your focused divorce lawyer to ensure you have the documentation you need to protect your rights and obtain terms that work well for you.
No-Fault vs. Fault-Based Divorce
Georgia is a no-fault divorce state, and this means that many divorces in the state are based on irreconcilable differences. Georgia also recognizes divorces that are based on fault, but the process is generally more challenging, time-consuming, costly, and contentious. In some instances, pursuing a fault-based divorce is worth all the additional effort, but this is a strategic matter that you should carefully address with your knowledgeable legal representative.
Negotiating Divorce Terms
The bulk of your divorce case will come down to negotiating the terms. If you and your divorcing spouse, with the skilled legal guidance of your respective divorce attorneys, are able to hammer out terms between yourselves, your divorce will be uncontested, but if you need the court’s intervention, your case will fall into the contested category. Because most divorcing couples are not willing to hand over decision-making authority to the court, most divorces in Georgia are uncontested.
Child Custody Arrangements
Child custody breaks down into both legal and physical custody. Physical custody refers to each spouse’s parenting time schedule, while legal custody addresses primary decision-making in relation to big picture issues like the following:
- Your children’s education
- Your children’s health care
- Your children’s religious upbringing
- Your children’s participation in extracurriculars
Child Support
Child support is calculated according to careful state guidelines. Generally, however, the parent who is the higher earner makes the child support payments, even when parenting time is shared evenly.
The Division of Marital Property
In a Georgia divorce, all the assets that you, your spouse, or you and your spouse together acquired over the course of your marriage are considered marital property. Upon divorce, these assets must be divided between you in an equitable, or fair, manner, which may or may not amount to a 50/50 split.
Alimony
Alimony or child support only factors into a Georgia divorce when there is a considerable income disparity between the spouses, and each case is carefully considered in relation to the unique situation involved.
An Experienced Forsyth County Divorce Lawyer Is on Your Side
The compassionate Forsyth County divorce attorneys at Banks, Stubbs & McFarland will leave no stone unturned in our focused pursuit of favorable divorce terms that support your rights. Learn more by contacting us online or calling (770) 887-1209 today.