Divorce marks one of life’s most challenging transitions, blending emotional upheaval with complex legal processes. For Georgia residents navigating this journey, understanding what to expect in a divorce helps reduce uncertainty while protecting your rights. At Hobson & Hobson, P.C., our Atlanta-based family law attorneys bring over 30 years of combined experience guiding clients through contested and uncontested divorces, child custody disputes, and high-asset separations.
The Divorce Process: Key Stages and Timelines
1. Filing the Petition
Georgia requires at least one spouse to reside in the state for six months before filing. The process begins when one party submits a Complaint for Divorce to the Superior Court, outlining grounds for dissolution (such as irreconcilable differences or adultery). This step triggers temporary orders addressing child custody, support, and asset restrictions.
2. Discovery Phase
During discovery, both spouses exchange financial documents, including:
- Tax returns (past 3 years)
- Bank statements
- Retirement account balances
- Property appraisals This phase ensures full transparency when negotiating settlements.
3. Negotiation and Mediation
Over 95% of Georgia divorces settle out of court. Mediation allows couples to resolve disputes over:
- Property division
- Parenting plans
- Spousal support Hobson & Hobson’s attorneys emphasize collaborative solutions but prepare aggressively for trial if negotiations stall.
4. Trial and Final Judgment
When settlements fail, a judge decides unresolved issues. Trials typically last 1-3 days, with final decrees issued within 90 days in most counties. Georgia mandates a 30-day waiting period after filing before a divorce can finalize.
Critical Considerations Before Divorce
Financial Preparation
- Open individual bank accounts
- Secure credit in your name
- Inventory marital assets/debts High-net-worth divorces often require forensic accountants to trace separate property.
Child Custody Factors
Georgia courts prioritize the “best interests of the child”, evaluating:
- Parental stability
- Home environment
- Child’s preferences (if age 14+)
- History of domestic violence
Property Division Laws
Georgia follows equitable distribution, dividing assets fairly but not necessarily equally. Marital property includes:
- Real estate purchased during marriage
- Retirement accounts
- Businesses founded post-wedding Separate property (inheritance, pre-marital assets) typically remains with the original owner.
What Happens During a Divorce in Georgia?
Temporary Orders
Early court orders may establish:
- Child custody schedules
- Spousal support payments
- Use of marital homes These remain in effect until final judgment.
Asset Valuation Challenges
High-asset divorces often involve complex valuations of:
- Professional practices
- Stock options
- Intellectual property Our attorneys work with financial experts to ensure accurate appraisals.
Tax Implications
Divorce affects:
- Filing status changes
- Alimony deductibility (post-2018 agreements)
- Capital gains on property transfers Consult both legal and tax professionals early.
Emotional Realities: What to Expect When Getting Divorced
Common Stressors
- Co-parenting conflicts
- Social stigma
- Financial insecurity Georgia offers counseling resources through organizations like Georgia Legal Aid.
Protecting Mental Health
- Maintain routines for children
- Limit social media sharing
- Seek therapeutic support The American Psychological Association provides divorce coping strategies.
Why Choose Hobson & Hobson, P.C.?
Specialized Expertise
- 30+ years handling complex divorces
- Five metro Atlanta offices
- Advanced mediation training
Client-Centered Approach
We balance empathy with assertive advocacy, offering:
- Flexible consultation options
- Transparent fee structures
- 24/7 case portal access Read client testimonials at Hobson & Hobson, P.C..
Technology-Driven Solutions
Our firm uses secure platforms for:
- Document sharing
- Virtual meetings
- Real-time case updates This efficiency reduces costs by up to 40% compared to traditional firms.
Frequently Asked Questions
What should I know before filing for divorce?
Understand Georgia’s residency requirements, financial disclosure rules, and potential custody outcomes. Consult an attorney early – 35% of DIY filings face delays due to paperwork errors.
How long does divorce take in Georgia?
Uncontested cases: 45-90 days Contested cases: 6-18 months Timelines depend on court backlogs and case complexity.
What happens to the house during divorce?
Courts consider:
- Mortgage responsibility
- Children’s school district
- Each spouse’s financial capacity Temporary orders often allow one parent to remain in the home.
Can I modify custody agreements later?
Yes. File a Petition for Modification showing substantial changes in circumstances, like relocation or income shifts.
How is alimony calculated?
Georgia judges evaluate:
- Marriage duration
- Earning potential
- Health/age of spouses Temporary support averages 20-35% of payer’s income.
Navigating what to expect in a divorce requires experienced guidance. Hobson & Hobson, P.C.’s family law attorneys provide the strategic support needed to protect your future. Schedule a consultation through our website or call (770) 284-6153 to discuss your case. For state-specific forms, visit Georgia Courts.
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.