Divorce FAQ

Frequently Asked Questions About Divorce In Georgia

While a divorce process may appear straightforward, dealing with paperwork, court deadlines and negotiations often leads to more stressful questions than expected. These situations deserve help from divorce attorneys who understand Georgia laws and care about protecting your future.

For over 30 years, The Manely Firm, P.C., has helped Georgians navigate divorce with skill, strategy and care. When you are feeling uncertain, our Marietta lawyers step in and help you understand what is ahead by answering the following common questions:

What are the grounds for divorce in Georgia?

The Peach State’s law provides both fault-based and no-fault grounds for divorce. Many couples pursue the no-fault option by simply stating their marriage is “irretrievably broken” with no hope of reconciliation. This approach does not require proving wrongdoing by either spouse.

For fault-based divorces, Georgia recognizes several grounds, including:

• Adultery during marriage
• Cruel treatment that endangers life or health
• Habitual intoxication or drug addiction
• Mental incapacity at the time of marriage
• Marriage obtained by force, fraud or duress
• Conviction and imprisonment for certain offenses

While no-fault divorces typically move forward more quickly with less conflict, fault-based grounds may influence court decisions regarding alimony, property division and custody arrangements in certain circumstances. Every divorce starts by choosing the correct grounds, and the wrong choices can delay or damage your case.

What is the difference between contested and uncontested divorce?

An uncontested divorce means both spouses agree on all issues such as custody, money and property division. This process usually moves quickly and avoids trial. A contested divorce, on the other hand, happens when one or more issues cannot be resolved. These take longer to resolve and involve more complex legal procedures that depend on the judges’ final verdict.

How long does the divorce process take in Georgia?

Even the fastest divorces in Georgia require at least 31 days after filing to be finalized. If your case is contested, it can take months or longer, especially if custody or high-value assets are involved. Some courts move faster than others, depending on where you live.

What are the legal implications of a divorce on children?

Courts prioritize the best interests of the child when determining:

• Legal custody (decision-making authority)
• Physical custody (where children live)
• Visitation schedules
• Child support payments

Factors considered include each parent’s stability, existing relationships, physical/mental health, any history of family violence and, sometimes, the child’s preferences. However, these arrangements can be modified if the circumstances significantly change.

How is child custody determined?

Custody decisions in Georgia are based on the best interests of the child. Courts assess each parent’s ability to provide a safe, stable and supportive home environment. Legal custody determines who makes decisions about education, medical care, religion and activities. Physical custody refers to where the child lives on a daily basis.

Judges consider multiple factors, including:

• Each parent’s emotional bond with the child
• Each parent’s capacity to meet the child’s needs
• Any history of domestic violence or substance use
• The child’s preference (if age 14 or older)
• Each parent’s involvement in school and community

The final arrangement may involve joint or sole custody and often includes a parenting plan outlining time-sharing and communication rules.

What is child support, and how is it calculated?

Child support helps cover a child’s basic living expenses. In Georgia, child support is calculated using an income shares model that considers both parents’ income, the number of children and certain allowed expenses.

Adjustments may be made based on:

• Day care or after-school costs
• Health insurance premiums
• Parenting time and overnights
• Special medical or educational needs

Even in shared custody situations, one parent may owe support depending on income differences and the time each parent spends with the child.

Will I have to pay alimony/spousal support?

Spousal support, or alimony, is not guaranteed in a Georgia divorce. Courts look at several factors to determine whether it should be awarded, how much and for how long. These include:

• The length of the marriage
• Each spouse’s income and earning capacity
• Standard of living during the marriage
• One spouse’s need for support and the other’s ability to pay

Misconduct like adultery may impact eligibility for alimony. Temporary support may be granted during divorce proceedings, while long-term alimony is usually reserved for longer marriages or when one spouse cannot become self-supporting.

How is property divided in a divorce?

Georgia follows the rule of equitable distribution. Marital property is divided fairly, though not necessarily equally. Courts consider each spouse’s financial and nonfinancial contributions, the length of the marriage, and each person’s needs post-divorce.

Marital property includes assets and debts obtained during the marriage such as:

• Real estate
• Retirement accounts
• Bank accounts
• Investments
• Vehicles and personal property

Separate property, namely inheritances or assets obtained before the marriage, usually stays with the original owner.

Can the terms of a divorce decree be changed after the divorce is final?

Yes, you can change some parts of a divorce decree even after it’s final. This includes things such as child custody, child support and alimony. However, you usually cannot change how property was divided.

To make changes, you need to show that something important in your situation has changed. For example, if you lose your job or your ex-spouse gets a much higher paying job, you might be able to change alimony payments. For child-related matters, changes in a child’s needs or a parent’s living situation could be reasons to modify the decree.

If you want to change your divorce terms, it’s best to talk to a family law attorney who can guide you through the process.

How should I get ready for divorce proceedings?

First, collect all your important papers. This includes bank statements, tax returns, mortgage documents and any records of your assets and debts. Next, think about your future. Make a budget for your life after divorce. If you have kids, keep a record of how you take care of them; this can be important for custody decisions.

It’s also smart to open your own bank account and credit card if you don’t already have them. Consider your living situation – will you stay in the family home or move out? If you’re worried about your spouse hiding assets, gather evidence now.

Do I really need to hire a lawyer for my divorce? 

While it’s possible to get divorced without a lawyer, having one is usually a good idea. Divorce laws can be complicated, and a mistake could cost you a lot in the long run. A good divorce lawyer will explain your rights, help you understand what to expect and work to get you a fair deal. Moreover, they can handle tricky negotiations with your spouse’s lawyer and make sure all the paperwork is done right.

If your case goes to court, a lawyer will represent you and argue your case. Even in simple divorces where you and your spouse agree on everything, a lawyer can spot potential problems you might miss. They can also help make sure your divorce agreement is clear and enforceable.

How will getting divorced affect me financially? 

Divorce often has a big impact on your finances. Here are some key financial aspects to consider:

• Property and debt division: You’ll likely need to split assets and debts with your spouse.
• Child support: If you have kids, you might need to pay or receive child support.
• Alimony: Spousal support may be part of your divorce agreement.
• Tax changes: Your filing status will change, affecting your tax rate and deductions.
• Living expenses: You’ll be responsible for all your own costs after divorce.
• New expenses: You might face new costs, like health insurance, if you were on your spouse’s plan.
• Divorce costs: Don’t forget about lawyer fees and court costs.

Consider talking to both a divorce lawyer and a financial adviser. They can help you understand how divorce will affect your situation and plan for your financial future.

How does divorce affect joint debts and loans?

Joint debts acquired during marriage are typically considered marital obligations that both spouses remain responsible for, regardless of who actually incurred the debt. This includes mortgages, car loans, credit cards and personal loans taken out in both names. Georgia courts will divide responsibility for these debts as part of the equitable distribution process, but creditors can still pursue either spouse for the full amount if payments are missed.

Even if your divorce decree assigns a specific debt to your ex-spouse, you may still be legally liable to creditors if your name remains on the account.

What happens to our home if we get divorced?

The family home is often the most valuable marital asset and can be handled in several ways during divorce. If both spouses are on the mortgage and deed, options include selling the home and splitting proceeds, one spouse buying out the other’s interest, or continuing joint ownership with specific arrangements.

Courts consider factors like each spouse’s financial ability to maintain the home, the best interests of any children and whether the home can be refinanced into one person’s name. If you want to keep the house, you will need to qualify for a new mortgage and potentially pay your spouse for their share of the equity.

How can I protect my rights during the divorce process?

Protecting your rights begins with understanding Georgia divorce laws and working with an experienced family law attorney. Document all assets, debts and income thoroughly, and avoid making major financial decisions without legal guidance. Keep detailed records of your involvement with your children, as this information becomes crucial in custody determinations.

Do not move out of the marital home without discussing the implications with your lawyer, as this could affect your rights to the property and custody arrangements. Avoid social media posts about your divorce, as these can be used against you in court.

What is mediation, and how can it help in a divorce?

Mediation is a voluntary process where divorcing spouses work with a neutral third party to resolve their disputes outside of court. The mediator helps facilitate discussions about custody, support and property division but does not make binding decisions. This process is typically less expensive, faster and less adversarial than traditional litigation.

Mediation allows couples to maintain more control over the outcome of their divorce and can help preserve relationships, which is particularly important when children are involved. Agreements reached through mediation can be incorporated into your final divorce decree.

How can I protect my parental rights during a divorce?

Protecting your parental rights involves staying actively involved in your child’s life, understanding your legal rights, and working with an experienced Georgia divorce and custody lawyer. This includes filing the right paperwork on time, attending court hearings, and participating in mediation or negotiations with a clear strategy. Our attorneys help parents prepare thoroughly and make sure their voice is heard, whether through amicable agreements or vigorous court representation.

How is property divided in a Georgia divorce?

Georgia follows the principle of equitable distribution, meaning marital property is divided fairly but not necessarily equally between spouses. Marital property includes assets and debts acquired during the marriage, while separate property (owned before marriage or received as gifts/inheritance) typically remains with the original owner. The court considers factors such as each spouse’s financial contribution to the marriage, the length of the marriage, each spouse’s economic circumstances, and future financial needs. This can include the family home, retirement accounts, businesses, vehicles, and debts. Complex asset division cases may require professional appraisals and financial experts to ensure fair distribution.

What are the residency requirements for filing for divorce in Georgia?

To file for divorce in Georgia, either you or your spouse must have been a resident of the state for at least six months immediately before filing the divorce petition. You must file in the county where either you or your spouse resides. If you have minor children together, Georgia courts will generally have jurisdiction over custody matters if Georgia has been the children’s home state for at least six months before filing. If you’re unsure about residency requirements or if your situation involves multiple states, it’s important to consult with a Georgia family law attorney to ensure you’re filing in the correct jurisdiction and that the court has proper authority over all aspects of your case.

Do you offer free consultations for family law cases in Georgia?

The Manely Firm, P.C., operates with complete transparency throughout our client relationships. During your initial call, our intake team will collect relevant details about your situation and explain your available options, along with our straightforward fee structure. If you choose to move forward with a consultation, we’ll arrange a paid meeting with one of our skilled attorneys who can provide the comprehensive guidance you need to determine your best course of action.

What is an uncontested divorce in Georgia?

An uncontested divorce is one in which both spouses agree on all the key terms, including property division, child custody, and spousal support. This type of divorce is typically faster, simpler, and more affordable than a contested divorce because it avoids the need for lengthy negotiations or court appearances. While you and your spouse must agree on all terms, an uncontested divorce can still involve legal assistance to ensure all paperwork is correctly filed and your rights are protected. It’s important to consult with an attorney to make sure the divorce is finalized smoothly and according to Georgia law.

How much does it cost to get a divorce in Georgia?

The cost of a divorce in Georgia varies widely depending on the type of divorce and the issues that need to be resolved. If the divorce is uncontested, meaning both spouses agree on all terms such as property division, child custody, and spousal support, the cost can be much more affordable. Uncontested divorces generally cost anywhere from $500 to $5,000, primarily covering court fees and attorney’s costs for reviewing and filing documents.

However, if the divorce is contested, meaning there are disagreements over key issues like asset division, child custody, or alimony, the cost can be much higher. Contested divorces often involve negotiations, mediation, and possibly multiple court appearances, which can increase legal fees. These cases typically range from $20,000 to $60,000, with cases that settle generally on the lower end and those that proceed to trial reaching the higher end. While most fall within this range, particularly complex or high-conflict cases can exceed $100,000.

The more issues that need to be addressed, such as international custody disputes, significant assets, or spousal support, the higher the cost may be. It’s important to keep in mind that while attorney fees are a major cost, other factors such as mediation fees, expert witness fees, and court costs may also contribute.

Every divorce is unique, so discussing your situation with a family law attorney can provide a clearer picture of the expected costs based on your specific circumstances. An attorney can help you determine the best path forward, whether through a streamlined uncontested process or a more extensive contested process.

Can I get a divorce without going to court in Georgia?

Yes, it is possible to get a divorce without going to court in Georgia if both spouses agree on all terms, including property division, child custody, and spousal support. This is known as an uncontested divorce. In these cases, couples can submit paperwork for court approval without needing to appear in a formal hearing. However, even in uncontested divorces, it’s still a good idea to consult with a lawyer to ensure all legal requirements are met. If minor issues come up after filing, your attorney can often help resolve them without requiring court involvement.

Reach Out To The Manely Firm, P.C., Today

Even after our FAQ answers, you may still be facing big changes or dilemmas, but you do not have to face them alone. Our offices in Marietta, Atlanta, Columbus, Cumming, Savannah or Lawrenceville, Georgia, offer extensive, clear answers and real solutions.

Whether you are at the start of a divorce or deep in the middle of one, feel free to contact us online or call us at 866-687-8561. You will always find a team ready to help.