Experienced Divorce lawyers In Cumming, Georgia

The decision to divorce is never easy. We know you may be overwhelmed with complex emotions and confused about the necessary steps and issues that must be resolved as part of the divorce process. You probably have questions about property division, how to determine appropriate levels of financial support and how to minimize the emotional impact of divorce on your child. At Banks, Stubbs & McFarland, our experienced divorce attorneys will explain your legal rights and the legal process. With efficient, effective strategies, we arm you with the facts you need to make sound decisions.

There are three types of divorces:

  1. Uncontested Divorce
  2. Out of Court Divorce through the Amicable Divorce Network
  3. Traditional Divorce

Call  770-887-1209 today to schedule your appointment with one of our attorneys at our Cumming or Buford office.

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Mr. Stubbs’ knowledge of the Georgia legal system is second to NONE. Although the circumstances of my case were not the best (divorce), Mr. Stubbs fully advised me of my rights as a father and helped and informed me through every step of the way. I highly recommend this true professional in his field.


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Our family law attorneys can handle every aspect of your uncontested, contested, or high-asset and complex divorce, such as:

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Eric Tatum and his paralegal (Beth) were clear about the divorce process, which I really liked. Their advice was excellent and helped me move in the right direction with my divorce. They are professional and efficient. I would recommend them to anyone. I will always appreciate all they did for me.

-Kim Massey

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Serving Forsyth County, Gwinnett County, and surrounding areas:

  • Forsyth County
  • Gwinnett County
  • Hall County
  • Jackson County
  • Cherokee County
  • Clayton County
  • Fulton County

How to File for Divorce in Georgia

In order to file in Georgia, at least one spouse must have lived in the state for 6 months or more. Proof of residency can be anything from a driver’s license, voter registration, library cards, bills, etc. Filing must occur in the county where at least one spouse lives or has a place of business.

The spouse who initiates the divorce, the person known as the “petitioner,” files a complaint with the Superior Court of Georgia. This is true even if the divorce is uncontested. The complaint states that a divorce is requested and typically list why the marriage is ending. The form identifies if the divorce will be “no fault” or not and addresses your current living arrangements, child custody and support goals, alimony and a brief description of your assets and debt. The form is meant to be a short summary, so you do not need to go in extensive detail.

After the complaint is filed with the clerk, the papers are served to the other party, the “respondent.” In an amicable divorce, a spouse may simply hand over the papers. In other circumstances, the papers may be mailed, served by a member of law enforcement or served by publication.

Once the papers are served, the respondent must file a response. He or she will either agree with the petitioner, or present new or different information. The response must be filed within 30 days if the respondent lives in Georgia, 60 days if the spouse is out of state and 90 days if the spouse is out of the country.
The divorce process that follows is different depending on if it's a contested or uncontested divorce. There are different forms that need completion and though a hearing is necessary in both cases, contested divorces may require more than one.

The paperwork for a divorce in Georgia is more complex than many realize. Don’t handle this traumatic experience by yourself. With offices in Cumming and Buford, the experienced divorce attorneys at Banks, Stubbs and McFarland are available to serve clients throughout North Georgia.

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Eric and Beth made my divorce case a priority even when I didn’t. It’s easy to get caught up in the drama of the details, but they did a great job keeping me on track and focused on the bigger picture and end result in order to get through it, despite my own constant and severe procrastination. Highly recommend!!!

-Kayla Ryan

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