Divorce help for Braselton, across four counties.
Braselton’s quirk is that it sits where four counties meet, and that same fact makes a divorce more confusing here than almost anywhere else. The first thing we do is figure out exactly where your case belongs, taking the guesswork off your plate before anything is filed.
Daniels & Taylor serves Braselton families from our office in Lawrenceville.
What most people pay for a case evaluation to learn
Georgia is a no-fault divorce state: you do not have to prove the other spouse did anything wrong. You can divorce simply on the ground that the marriage is irretrievably broken (O.C.G.A. 19-5-3(13)). Georgia also recognizes twelve fault grounds, such as adultery and desertion, which can matter for alimony and for how property is divided (O.C.G.A. 19-5-3).
Georgia divides marital property by equitable division, which means a fair division, not an automatic fifty-fifty split, and separate property a spouse brought into the marriage or received by gift or inheritance generally stays that spouse’s own (Stokes v. Stokes, 246 Ga. 765 (1980)). At least one spouse must have lived in Georgia for six months before filing (O.C.G.A. 19-5-2).
How a Georgia divorce case works
A divorce is filed in the county where the responding spouse lives, and if that spouse has recently moved out of Georgia you may be able to file where you live (O.C.G.A. 19-5-2). Georgia sets a minimum of 30 days from the date the responding spouse is served before a no-fault divorce can be granted, so even an uncontested case is not immediate (O.C.G.A. 19-5-3(13)).
In the same case the court can divide marital property and debt, decide alimony based on one spouse’s need and the other’s ability to pay (O.C.G.A. 19-6-1, 19-6-5), and set custody, parenting time, and child support under the child support guidelines (O.C.G.A. 19-6-15). A divorce can resolve every one of these issues together, whether the case settles or goes to trial.
When a Georgia divorce involves children, the court decides custody and parenting time under the best-interest standard (O.C.G.A. 19-9-3), so a divorce in Braselton involving children resolves custody as part of the case.
Custody set in a Georgia divorce can later be changed through a modification if circumstances materially change (O.C.G.A. 19-9-3), so a parent in Braselton is not permanently bound to the original divorce custody terms.
Obligations set in a Georgia divorce decree are enforced through contempt if a party does not comply (O.C.G.A. 19-6-28), so a party in Braselton can return to court to enforce the decree.
Family-violence issues can intersect with a Georgia divorce, and a party may seek a protective order for safety (O.C.G.A. 19-13-4), which a court weighs alongside custody (O.C.G.A. 19-9-3), so a spouse in Braselton facing violence has protective options during a divorce.
Common questions about divorce in Braselton
My spouse and I live in Braselton, maybe in different counties, where does our divorce go?
Because Braselton spans Jackson, Hall, Gwinnett, and Barrow, the case is filed where the responding spouse lives. We pin that down for you on day one.
Does it matter which part of Braselton I live in?
It can change your county and courthouse, so yes, and it is exactly the kind of thing we settle up front.
How do I begin?
Call for a free case evaluation. We will confirm your venue and lay out the path forward.
Let us untangle the county question and move you ahead. Call (770) 285-1673 for a free case evaluation.
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