Contested or uncontested, divorce can be a painful and traumatic experience for all parties involved. For many, the subject may remain taboo, and there may be significant guilt and shame surrounding the event. However, if you’re struggling with these feelings, it’s important to recognize that divorce, well, happens. In the United States, about 50% of married couples divorce, with the average age for couples going through their first divorce being 30 years old.
Divorces are more or less likely based on a variety of factors, but according to a U.S. Census Bureau survey, the top three reasons for divorce are incompatibility (43%), infidelity (28%), and financial issues (22%). Moreover, divorce rates tend to spike in March and August each year, an estimated result of partners’ attempts to push through family-heavy events such as end-of-year holidays and summer break.
Whatever the data shows, divorce can sometimes feel alienating and overwhelming. If you are planning to file for a divorce, here are some common questions clients typically ask before moving forward.
Who can file for divorce in Georgia?
Georgia divorce laws require at least one spouse to be a state resident for 6 months. Divorce in Georgia is no-fault, meaning either party can file for divorce. One of the most common grounds for divorce in Georgia is that the marriage is irretrievably broken, in which either party states that there is no chance of reconciliation. Other grounds include adultery, habitual intoxication, and abandonment.
A quick note: Georgia courts require 45 days from the filing of a divorce before a final divorce can be granted.
How is a divorce in the state of Georgia granted? Will I have to appear in court?
In uncontested cases, a divorce in Georgia is granted after all the necessary paperwork is filed with the court. Either party may appear for a short, uncontested final hearing in court, which typically lasts about fifteen minutes in a quiet, almost deserted courtroom, with only the judge and court staff present. Alternatively, a party may file a motion for judgment on the pleadings.
If minor children are involved, a Superior Court judge must review child support, custody, and visitation provisions to determine that the best interests of the children are being met. For instance, ensuring school continuity can be a crucial aspect that judges consider, as maintaining a stable educational environment is often in line with the best interests criterion. By focusing on elements like school routine, a judge aims to minimize any disruptions to the child’s life during the divorce process, easing the transition for the children involved.
In contested cases, courts require mediations to attempt to settle all or some issues before trial. In Georgia, a party is entitled to either a bench (judge) trial or a trial by jury. However, issues involving children must be tried before a judge. In most cases, even hotly contested divorces are settled between the parties before trial.
Is Georgia an Equitable Division State?
Yes. Under Georgia state law, each spouse is entitled to an “equitable” share of the marital property. As you’re moving forward with your divorce, this means that a judge will divide the property fairly based on each partner’s financial and non-financial contributions to the marriage, rather than dividing the marital property equally. Additionally, you can expect a judge to agree to a “fair” split between the parties. For instance, one spouse may retain the family home, while the other receives a larger share of the investments. This approach helps to anchor the abstract concept of fairness in tangible outcomes, illustrating the difference between “equitable” and “equal.”
Does Georgia require spouses to separate?
In the state of Georgia, spouses are not required to physically separate before filing for divorce, e.g., live in separate places. Under Georgia law, the only requirement to file for divorce is that both parties must discontinue “marital relations” with the intent to divorce. As such, there is no specific timeframe of separation required within the state of Georgia to get a divorce.
How much does a divorce cost?
It depends. Some factors include the complexity of your case and where you file (e.g., the state and city). A completely uncontested divorce with no minor children can be simple, straightforward, and relatively inexpensive. Before starting the process, consider drafting a “divorce budget” to set realistic expectations and turn cost anxiety into proactive planning. A useful first step is to ask yourself: “What assets and debts do we currently share?” This can help you approach consultations with a clearer picture of your financial landscape.
An uncontested divorce with minor children still requires a lot of documents to be filed to help a judge determine the best interests of the children.
A contested divorce with or without children can, frankly, be very expensive and take years to finalize.
Debranski & Associates, LLC handles divorces on a retainer against hourly billing arrangement. We always consult with the client free of charge and quote a retainer based on the individual situation.
How long does a divorce process take?
The time for the divorce process greatly depends on the case’s complexity or the couple’s situation. For instance, a totally uncontested case can be finalized in 45 days. Contested or partially contested cases are more complex:
1. Filing: The process begins with filing a lawsuit.
2. Answer: The other party has 30 days to file an answer.
3. Discovery: This phase, which usually takes about 6 months, involves gathering evidence and information relevant to the case.
4. Mediation: At the end of the discovery period, or during it, the parties attempt to mediate their disagreements.
5. Trial: If the parties cannot resolve their issues through mediation, a trial is held. This entire process can take months or even years to conclude.
How Does The Court Decide On Child Custody During A Divorce?
The custody of children is decided by a judge based on many factors. Sometimes, during the case, temporary custody is primarily assigned to one party to allow the child(ren) to continue having a stable routine. Judges can be tentative in changing these plans when taking permanent custody into account, as they do not want to remove stability from the child’s life.
Additionally, judges consider the child’s well-being above all else. A judge may appoint a guardian ad litem, a lawyer with knowledge of custody issues, to look into the issues on behalf of the children and recommend to the judge what the guardian ad litem believes is in the best interest of the children. The GAL will look into any history of drug or alcohol abuse or addiction, mental illness, and financial stability of each parent to determine the best place for the child. Courts often favor the parent who demonstrates a willingness to co-parent, as cooperation is frequently linked to better outcomes for the child’s stability and development. Courts tend to favor the spouse who can put their differences and issues aside for the betterment of the child, and a solid attorney will advise this as you enter custody proceedings.
For more answers to your questions about the divorce process in the state of Georgia, reach out to our office. We can guide you through the different divorce processes, identify the issues that need to be resolved, and help you move forward with the next legal steps.