Divorce help for Danielsville families.
Some Danielsville spouses assume they need to prove the other did something wrong to get divorced, and that is not so. Georgia offers a no-fault path alongside the fault-based grounds. We help you understand which basis fits your situation and what each one means for your case.
Daniels & Taylor serves Danielsville 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 Danielsville 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 Danielsville 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 Danielsville can return to court to enforce the decree.
Common questions about divorce in Danielsville
Do I need a reason to divorce in Georgia?
No, Georgia recognizes no-fault divorce on the ground that the marriage is irretrievably broken, alongside specific fault grounds (O.C.G.A. 19-5-3).
Does fault matter if I use a fault ground?
It can, fault may bear on issues like alimony or the division of property in some cases, which we can explain for your situation.
Is a no-fault divorce simpler?
Often, because it avoids proving wrongdoing, though the other issues, custody, support, property, still must be resolved.
The basis that fits your situation. Call (770) 285-1673 for a free case evaluation.