Georgia Divorce Basics | Cobb County Divorce Lawyer

Georgia Divorce Basics | Cobb County Divorce Lawyer

marietta ga divorce lawyer

 

A person seeking a divorce in Georgia must establish jurisdiction. He or she is required to have been a resident of the State for at least six months before a Complaint for Divorce can be filed. The complaint must be filed in the county where the other spouse resides. Typically, this will be the county where the parties lived together.

The Complaint for Divorce must state the reason the divorce is sought. There are 13 statutory grounds for divorce in Georgia. The most commonly used ground is “irretrievably broken” (sometimes referred to as the “no-fault” ground). The other 12 grounds for divorce in Georgia are “fault” grounds.

To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse and that there is no hope of reconciliation. It is not necessary to show that there was any fault or wrongdoing by either party.

To obtain a divorce on one of the 12 “fault” grounds, one must prove that there was some wrongdoing by one of the parties to the marriage.

As an example, one fault ground is adultery. Adultery in Georgia includes heterosexual and homosexual relations between one spouse and another individual.

Another “fault” ground for divorce in Georgia is desertion. A divorce may be granted on the grounds that a person has deserted his or her spouse willfully for at least a year. Other “fault” grounds include mental or physical cruel treatment, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction, and mental illness.

SOURCE (and for more basic information): State Bar of Georgia

What Custody Arrangement is Best for My Child? Ages and Stages of Children in Georgia Child Custody Cases

As we approach the January 1, 2008, implementation date for HB 369, the Georgia Shared Parenting Act, we are mindful of the new requirements for parenting plans in Georgia divorce and other Georgia family law cases involving custody (joint or shared) of minor children. The 9th Judicial Administrative District Office of Dispute Resolution, covering the courts in most of North Central and Northeast Georgia (Superior Courts of Cherokee County, Fannin County,  Forsyth County, Gilmer County, Gwinnett County, Habersham County, Hall County, Lumpkin County, Pickens County, Rabun County, Stephens County, Towns County, Union County, and White County), has prepared a helpful pamphlet called “What’s Best for My Child? (Ages and Stages of Children). You can find it here or it is included below.

SOURCE:9th Judicial Administrative District Office of Dispute Resolution

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Team Divorce: Why Six Professionals Cost Less Than Two Lawyers

In the emerging field of collaborative law, there is an approach known as the Multi-Disciplinary Model. In essence, this model provides for a collaborative divorce team consisting of two lawyers, two divorce coaches, a child specialist and a financial advisor to assist the couple. Many people may scoff at this idea, especially since one of the goals of collaborative law is to reduce the amount of cost associated with divorce. But a closer look at the multi disciplinary approach helps explain why this team of six can be more cost effective than the traditional method of divorce.

The first thing to keep in mind is that divorce affects couples on many levels. There are financial, legal and emotional considerations and then there are issues involving children. In simple terms, a divorce is a multi task assignment. These tasks include not only reaching a legal division, but also the development of age-appropriate parenting plans, learning communication skills that will move spouses successfully along the road of co-parenting, moving away from the blame/shame cycle. The financial portion of a divorce can be complicated by uncertainty about the future, tax considerations, and different methods of structuring a financial settlement.

In the traditional model, lawyers are called upon to handle all of these tasks, which is impossible considering that lawyers are neither accountants, therapists or child specialists. As a result, the divorce becomes final but many issues often go unresolved. In a collaborative divorce, there are neither dueling lawyers nor dueling experts. The Collaborative Divorce model instead uses a collaborative team who provides containment for the couple as they go through the divorce transition. Within this model, clients are informed of their process choices, which includes the involvement of different professionals such as lawyers, mental health professionals who act as divorce coaches, mental health professionals who act as neutral child specialists, and neutral financial specialists.

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