Roswell Divorce Attorney

A divorce is the legal end of a marriage. Nearly half of all marriages end in divorce, and although some are the result of mutual agreement, many divorces are the choice of only one party. The resulting process may be strained and drawn out for months, even years, as they wrestle with money, property, and child custody issues.

Our thorough and persistent approach at the law office of Hobson & Hobson makes us well-equipped to handle Roswell contested divorce cases. Our comprehensive knowledge of Georgia law and years of experience working with divorcing couples have prepared us to be your most zealous advocates as you fight for your rights.

Recent Review:

“Chris, Dawn an Meghan handled my case with extreme care, precision and timeliness. I was able to negotiate an (in my opinion ) difficult divorce from 1600 miles away. I was able to get what I needed, remotely, while maintaining a relationship that felt local. I can’t thank / recommend Chris Hobson and his associates more than my 5 * review here on Google . I truly owe this man a beer and a firm handshake.

Thank you H&H from Colorado !”

Verified review by Mike C.

Contact the Roswell family law attorneys at Hobson & Hobson, P.C. today at (770) 467-3275. We have a satellite location at 295 W Crossville Rd Building 200, Suite A, Roswell, GA 30075 (open Google Maps) just two miles north of Alpharetta St. Upon calling, one of our experienced professionals will help you begin your journey toward an amicable resolution.

What Are the Grounds for Divorce in GA?

Like many states, Georgia is a “no-fault” state when it comes to divorce. This means that no proof of misconduct or mistreatment within the marriage is necessary to begin the divorce process. To file for divorce in Roswell, GA, you need to be a resident of the state for at least six months before filing. You must also be living separately at the time of the filing and intend to remain separated permanently.

Most “no-fault” divorces in Georgia are filed with “irreconcilable differences” as the reason for the divorce. If one spouse wants to remain married, the divorce may still move forward if all the requirements for the divorce are fulfilled. Once the paperwork is filed and served, the opposing party has 31 days to provide an answer and counterclaim.

Georgia does consider bad conduct in divorce cases, unlike many other states. Allegations of adultery, desertion, and cruelty are all legitimate reasons for a divorce and are often at the heart of contested divorces, having a significant impact on the outcome. In addition, infidelity can play a role in the determination of alimony.

The Types of Custody and Visitation

In Roswell and throughout Georgia, there are two ways to decide custody arrangements when a couple divorces or separates. In many cases, the parents will agree regarding custody and visitation on their own, and this agreement is then put into writing and officially signed by both parties.

If parents cannot agree on custody and visitation particulars, then the judge will step in and decide the best arrangements for the child’s interests.

Georgia law recognizes two types of custody:

Physical custody
Legal custody

Filing for Divorce in Roswell, GA

It is essential to consult with a divorce attorney before filing for a divorce. An experienced divorce attorney from Hobson & Hobson will help you prepare for the divorce process, including gathering the necessary information and documentation. Every divorce case is different, so having the knowledge and expertise of a Roswell divorce attorney will help you remain protected through the entire process.

Once we gather all the materials and prepare the paperwork, your divorce attorney (with your permission and approval) will file the divorce complaint in the Superior Court. Divorce complaints are public records, so anything in them, including the grounds for divorce, issues needing resolution, and relief being sought, will be visible to anyone searching for it.

Officials will serve your spouse with a copy of the divorce complaint and any other related documents. Once served with divorce papers, they have 30 days to file an answer to the complaint and, if they do not, you may seek a hearing to making the divorce final.

After we initially file the papers, the discovery phase will commence. At this time, each parties’ divorce attorneys exchange any questions and review requests for documents and information. Every case is different, though, and your Roswell divorce attorneys from Hobson & Hobson will help you decide what discovery tools are needed to bring the case to resolution and keep you well informed throughout the process.

The home environments of each parent and their ability to care for the child, including food and clothing
The physical and mental health of each parent
The emotional connection each parent has to the child
Each parent’s familiarity and involvement with the child’s educational and social life
Each parent’s familiarity with the health and medical needs of the child
The stability of the parent
Any history of abuse by either parent against each other or the child
The criminal history of each parent

In some circumstances, the judge may appoint an individual to represent the child in court. This person, called the guardian ad litem, will advocate directly for the child’s best interest in custody arrangements. In other cases, a custody evaluator may meet with the family and make a custody recommendation based on their observations.

The law requires parents in Roswell to provide a parenting plan when custody is at issue. The parenting plan includes the child’s needs, how the child will share time between the parents, who makes decisions for the child, and the physical and legal custody arrangements.

Uncontested Divorce or Contested Divorce?

In an uncontested divorce case, both parties can amicably work out all the relevant issues of the divorce, including the division of marital assets, child support, and custody, as well as spousal support. In that situation, your divorce attorney will draft all the necessary agreements and document the arrangements you and your spouse agree to, then file it in court. The judge will issue the divorce decree about a month later, and the marriage will legally dissolve.

On the other hand, a contested divorce is a divorce in which one party is unable to agree to the terms of the divorce because they object to one or more of the terms. A contested divorce is often about the division of marital property, monetary support for a spouse, child custody or visitation agreements, or child support.

Roswell Contested Divorce Issues

Contested divorce issues are any issues that you and your spouse cannot agree on. These may require aggressive negotiations and even time in court to resolve them. Commonly contested issues in a divorce include:

Mediation is often the first step in resolving these contested issues if you and your spouse are unable or unwilling to settle the problems yourself. If you require mediation, your divorce attorney, along with your spouse’s attorney, will assist you in working with a qualified mediator who will help you resolve these issues and reach a settlement agreement.

If, after mediation, the issues remain unresolved, it will be the judge’s responsibility to make the decisions on those issues for you.

Contact Hobson & Hobson Today to Talk to
Experienced Divorce Lawyers in Roswell, Georgia

The Law Offices of Hobson & Hobson help people throughout the Roswell, GA area faced with the many challenges and issues involved in the divorce process. Our law firm represents clients on both sides of a divorce filing. Our extensive experience with Georgia law and divorce proceedings means we fully understand your situation and are ready to help you navigate the process from start to finish.

Whether it is a Roswell contested divorce or an uncontested divorce, the attorneys at Hobson & Hobson understand that our clients have financial concerns and limitations, so we focus on pursuing litigation and mediation first before proceeding to court. We strive to make the transition through a divorce as easy as possible and make ourselves available to our clients whenever needed.

If your marriage has reached an end and you’re ready to go through the process of divorce, call us at (770) 467-3275 or contact us online for more information and a consultation. At Hobson & Hobson, we’re ready to work toward the best outcome for you and your family.