Marietta Divorce Lawyers
Georgia No-Fault Divorce and Division of Marital Assets
As is the case with most of the states in the Union, it’s relatively easy for married couples to get a divorce. That’s not to say that mitigating issues like child custody, support, visitation, alimony, divisions of debt and assets can’t make the process complex, but if you’re seeking a no-fault divorce, you don’t have to “prove your case” in order to be granted a divorce by the Georgia courts.
Divorce Attorneys Guiding CLients With Irretrievably Broken Marriages
A no-fault divorce can be obtained by one or both of the parties declaring that the marriage is “irretrievably broken.” While there are twelve “at-fault” grounds for divorce in Georgia, most couples opt for this because of its ease of attainability.
Requirements for a No-Fault Divorce in Georgia
In Georgia, in order to obtain a divorce, you or your spouse must have resided in the state for at least six months, or it must have been the last place where the two of you were last domiciled. The party who is petitioning for divorce files with the superior court in the county where the other spouse currently resides. However, you can file in your own county if your spouse gives his or her consent; no longer resides in Georgia; or if he or she previously lived with you, but has been gone for less than six months. In order to divorce, you and your spouse must be legally separated. That doesn’t mean that one of you has to move out if it’s not practical. This is just as legal status where you declare that you are no longer engaged in marital relations. In other words, you are considered to be in a state of marital separation.
The No-Fault Divorce Process
Once you have established where you need to file and whether or not you qualify, the next step is to file a complaint for divorce at the appropriate superior courthouse. This document contains information that describes your current living situation; information about your assets, debts, children; and the reason that you’re petitioning for divorce. The sheriff’s office will serve your spouse with their copy of the complaint.
Just because you’re seeking a no-fault divorce doesn’t mean that a number of complex issues won’t arise. No-fault simply means that either the at-fault grounds don’t apply or you’ve chosen not to provide information that would justify an at-fault divorce to the courts. Whether you are filing for a no-fault or at-fault divorce, issues like child custody, support, and visitation; property division; debt division; alimony or spousal support; et cetera still need to be negotiated. That’s why the services of a Georgia Family Law attorney are always recommended.
If you are seeking a divorce in Marietta or anywhere else in Georgia, contract the services of a reputable divorce lawyer at Abbott and Abbott 678-203-0178.