Guiding You Through The Divorce Process In Georgia

Divorce is a big change for any family. Even when divorcing couples can reach an agreement on most terms, the process can still be emotionally exhausting. When closing this chapter, you need skilled legal counsel to help shoulder your burden and protect your interests.

At Frost Law Firm, our family law attorney is dedicated to helping you resolve your divorce issues. To discuss your case and any questions you may have, call us today at 678-212-1365.

Helping You Identify Your Goals

When you come to our law office, we will take the time to listen attentively to your concerns. Once we understand your point of view, we can help you identify your goals and determine the best way to achieve them. We will let you know how property is divided in Georgia and what to expect regarding child custody arrangements and support.

We can also explore your options for reaching an agreement with your ex. Sometimes, people can sit down and agree to most terms of a divorce decree or modifications. In other cases, emotions may be too volatile and litigation may be the only reasonable option. We will let you know what is likely to be best for your situation and will take proactive steps to help you reach an effective resolution.

Three Steps To Take At The Start Of Your Divorce

Facing the prospect of divorce in Georgia can feel disorienting and turbulent. While every situation is unique, there are some crucial steps you can take early on to help protect yourself and navigate the process more smoothly:

1. Take a full snapshot of your financial situation. Before you begin the divorce process, it’s crucial to have a comprehensive understanding of your financial situation. This includes all assets, investments, retirement accounts, debts and other financial obligations. Knowing the full scope of your finances will help you make informed decisions and protect your interests as you move forward.
2. Make a plan for where you will stay and how you will manage splitting your home. One of the first practical steps in a divorce is determining your living arrangements. Consider where you will stay during the separation and how you will divide your home and belongings. For example, if you are moving to a new apartment, decide what furniture and household items you will take with you. Clear planning can reduce conflict and help ensure a smoother transition.
3. Decide what type of divorce will best suit your needs. In Georgia, you have the option to pursue either a contested or uncontested divorce. An uncontested divorce is typically faster and less costly, as both parties agree on all major issues. A contested divorce, on the other hand, occurs when there are disputes that require court intervention. Assess your situation and discuss with your attorney which type of divorce aligns with your needs and goals.

By taking these three steps at the outset of your divorce, you’ll be better prepared as the legal process progresses.

What To Expect During A Divorce In Georgia

In Georgia, the two primary divorce types are:

• Noncontested or no-fault divorce is when neither party blames the other for the dissolution of the marriage, and the couple simply cites irreconcilable differences or an “irretrievable breakdown” of the marriage.
• Contested divorce involves one spouse accusing the other of wrongdoing, such as infidelity, abandonment or abuse, that has contributed to the downfall of the marriage.

Choosing between contested and no-fault divorce depends on the nature of the relationship and how willing both parties are to work together.

The divorce process begins with one party filing a divorce petition and the other party being served with that document. The negotiation of a divorce settlement can take several months, depending on the case’s complexity. The process includes:

• Property division
• Child custody arrangements
• Alimony
• Addressing any other financial matters, such as child support arrangements

If the divorcing spouses cannot agree on the terms of the divorce settlement, it may proceed to litigation.

 Litigated divorces typically take longer than those that are settled out of court. A litigated divorce also means that the judge will apply the law to set the terms of the settlement.

Once all issues are resolved, the court will issue a final divorce decree. You may seek modifications to this decree later if circumstances change.

Divorce And Your Georgia Business

If you and your spouse co-own a business in Georgia, it’s essential to hire an attorney who can advocate for your interests in this area. Not every Georgia divorce lawyer understands how to negotiate a division of business-related property when the enterprise in question is considered marital property, or how the local market operates when it comes to business valuation questions.

To be considered part of the “marital estate” and subject to division, you must have started your business during the marriage, or it must have appreciated in value during that time. In many cases, one party in the marriage wants to keep ownership of the business and the other does not – in that case, knowing the business value of the enterprise becomes critical to negotiations between divorcing parties. Once that number has been determined, a spouse may offer their ex other assets (equity in a house, for example, or their retirement account proceeds) in exchange for retaining full ownership of the business.

At Frost Law Firm, our family law attorney has participated in many business valuations and has a network of professionals who can help appraise the value of your business. Attorney Frost will ask for your cooperation in delivering documents to assist with the appraisal, such as tax returns, income statements and balance sheets. Beyond helping you obtain the best divorce agreement for your future, having a well-executed business valuation can also pay dividends in terms of understanding the sales value of your company, as well as open new lines of credit and support.

Divorce FAQs

Here are some of the commonly asked questions on divorce.

How do I know if I should file for divorce?

Leaving a spouse is a personal decision. It is important to weigh the emotional, financial and legal aspects of your situation. A divorce lawyer can help provide clarity by exploring all possible aspects.

What does it mean to have “irreconcilable differences” in Georgia?

“Irreconcilable differences” is a term used in no-fault divorce cases, indicating that the marriage is irretrievably broken and there’s no hope for reconciliation. In Georgia, stating irreconcilable differences suffices as grounds for granting a no-fault divorce, meaning neither spouse is held blame for the breakdown.

Will I get to keep my house?

In a Georgia divorce, the marital home may be subject to division, and one spouse may be awarded the house. However, if the home is jointly owned, its division will depend on various factors, such as the property’s value, each spouse’s financial situation and whether children are involved.

Am I entitled to more if my spouse cheated?

In Georgia, adultery can impact the distribution of assets and alimony awards but does not usually affect the division of marital property unless financial misconduct is involved (e.g., spending marital assets on an affair).

What do I say about my divorce on social media?

It’s advisable to keep details about your divorce off social media. Sharing information can inadvertently affect the proceedings, especially if the content is viewed as disparaging or revealing confidential details.

What is the difference between divorce and separation?

Separation is when a couple decides to live apart but remains legally married. On the other hand, divorce legally ends the marriage. A separation agreement can often precede divorce proceedings.

How do I tell my kids about my divorce?

When telling your children about divorce, it’s crucial to plan the discussion together with your spouse, if possible. Aim to provide a united front, reassure them of both parents’ love, and avoid blaming each other. Keep the conversation age-appropriate and open to their questions, ensuring they feel safe and supported throughout the process.

Can I date during my divorce?

You are free to date in Georgia during a divorce, but it can have consequences, especially concerning child custody and alimony.

What do I do if my ex is abusive?

If you are facing abuse, you can file for a temporary protective order and take legal action to help ensure your safety during marital dissolutions.

Contact Our Firm For Help With All Of Your Family Law Needs

We prefer to think of divorce not as an end but as the beginning of a new chapter in your life. Allow us to help you through this process. You can contact our office at 678-212-1365 or contact us online.

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