Divorce help for Clarkston families.
Some Clarkston spouses face an added hurdle: they cannot find the other person to even start the divorce. When a spouse has moved, left the country, or simply disappeared, Georgia still gives you a path forward. We help you pursue a divorce when the other spouse cannot be located or served the usual way.
Daniels & Taylor serves Clarkston 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 Clarkston 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 Clarkston 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 Clarkston can return to court to enforce the decree.
Common questions about divorce in Clarkston
Can I divorce a spouse I cannot find?
Yes. After a diligent effort to locate them, Georgia allows service by publication so a divorce can proceed without the spouse’s current address.
What can the court decide if my spouse never appears?
The court can grant the divorce; dividing certain property or ordering support can require additional steps to reach an absent spouse.
What counts as a diligent search?
A genuine, documented effort to find the spouse, last-known addresses, relatives, and other leads, which we help you put together.
A path forward when they cannot be found. Call (770) 285-1673 for a free case evaluation.