If you are considering filing for divorce in Atlanta, Georgia, it can be tempting to rush through the process as quickly as possible. However, taking the time to familiarize yourself with Georgia divorce laws can make the difficult situation run smoothly. Read through this guide to filing for divorce in Atlanta, Georgia, and decide if going through with your decision to file is the right thing to do.
At Hobson & Hobson, experienced divorce lawyers are standing by to help you through the filing process. By approaching each case with a strong sense of empathy and compassion, Hobson & Hobson will advocate aggressively for your family to ensure you have a happy future.
Atlanta, Georgia Divorce Law Basics
In order to file for divorce under Georgia law, at least one spouse is required to be a resident of the state for at least six months. When one spouse, who has met the residency requirement, makes the decision to proceed with the divorce filing, they have the option of filing the divorce as a no-fault based divorce, or a fault based divorce. A no-fault divorce in Atlanta, Georgia essentially means that the party filing the divorce action is simply asking for a divorce based on their own desire, not based on actions of the other party. Conversely, the party filing the divorce action can elect to file under the fault-based grounds, which are as follows:
(1) Intermarriage by persons;
(2) Mental incapacity at the time of the marriage;
(3) Impotency at the time of the marriage;
(4) Force, menace, duress, or fraud in obtaining the marriage;
(5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
(6) Adultery in either of the parties after marriage;
(7) Willful and continued desertion by either of the parties for the term of one year;
(8) The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
(9) Habitual intoxication;
(10) Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;
(11) Incurable mental illness.
(12) Habitual drug addiction;
The final ground for divorce is the no-fault based grounds for divorce, or the marriage is irretrievably broken. When filing on the grounds of any reason besides “Irretrievably broken marriage,” you will be required to provide proof of the misconduct or fault. Filing under the no-fault ground that the marriage is irretrievably broken is the most common and essentially states that the parties simply cannot get along and the marriage is at its end. Selecting to file under a fault-based ground for divorce as outlined above will be a strategic decision based on our theory of the case and what we can prove via evidence to support your claim. No matter your reason for filing, divorce lawyers at Hobson & Hobson are prepared to help you file on the correct grounds and gather any necessary proof.
When Should I File?
While it is not good practice to file for divorce out of spite, there are some benefits to filing for divorce before your partner does. These first-filing benefits include:
- Reserving the first choice when hiring divorce lawyers and other professionals
- More time to prepare the required paperwork and necessary information
- Reduced risk of a spouse attempting to hide assets
When it comes to choosing a divorce lawyer, it is important to meet with an attorney before you file. Doing so will save you time and money in the beginning stages of the court process. Plus, finding the right attorney can take time and require substantial research, so it is best to complete this step before you need someone to help you navigate the complex court process.
In addition to hiring a divorce attorney, it can be beneficial to hire a therapist to provide emotional support and guidance as you work through this tumultuous situation. A divorce financial analyst can also be a useful addition to your team if you will be working with a complex set of assets.
In terms of gathering the necessary documents for your divorce, it is recommended that this step also be completed before you file. When assembling your team of professionals, you can speed the process along by gathering your paperwork in advance. A wide range of documents is usually required to conduct a fair settlement, including:
- Tax returns
- Estate plans
- Insurance documents
- Stock information
- Retirement plans
Usually, these assets are protected during the divorce process thanks to Automatic Temporary Restraining Orders, or ATROs, which are court orders that protect assets by freezing accounts. These orders prohibit either spouse from transferring insurance documents, bank accounts, and property rights, and from changing the beneficiary on any insurance policies.
While ATROs are designed to reduce the opportunity for spouses to hide or destroy assets in order to keep them from the divorcing partner. By being the first to file for divorce, you can ensure these protections are exacted before your spouse has time to tamper with your shared assets.
To start assembling your team of experienced professionals today, schedule a consultation with Hobson & Hobson and reap the advantages of being the first to file for divorce.
Child Support in Atlanta, Georgia
Georgia Law requires the parent who does not receive custody to pay child support to the custodial parent. The amount of child support to be paid is determined by the Georgia Child Support Worksheet, which makes its calculations based on monthly income and extra expenses.
If the non-custodial parent refuses to pay child support, there are several motions that may be filed to remedy the situation, including:
- Income deduction order
- Motion for contempt
- Garnishment of wages
- Abandonment warrant
With these motions, you can initiate a return to court where you may ask that the non-custodial parent be held in contempt for non-payment of support. If the court decides they are indeed guilty of willful contempt, they may be incarcerated until they are purged of the contempt.
There are also several factors that may deviate the child support one way or the other. These factors include, but are not limited to:
- Support of the child is not an issue in the case
- Pre-existing child support obligations
- Medical care costs
- Excessive extracurricular or educational expenses
- Shared custody arrangements
- Extended visitation for non-custodial parents
- Work or school-related child care costs
- The party’s own medical expenses
Hobson & Hobson is available to aid you in the process of filing for divorce. Specializing in separations & divorce, child & custody, mediation & guidance, and alimony & spousal support, Hobson & Hobson is the perfect firm to accompany you on your journey with family law.
While divorce can be one of the most stressful periods in your life, Hobson & Hobson is ready to ease the stress it places on you and your family. Schedule a consultation today to take the first steps toward filing for divorce in Atlanta, Georgia.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.