Divorce help for Doraville families.
For Doraville couples where one spouse owns a business or is self-employed, a divorce gets more complicated, because the business itself may be part of what gets divided. Valuing and handling a business takes care to protect both your interest and the enterprise. We help business-owning families work through a divorce without tearing the company apart.
Daniels & Taylor serves Doraville 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 Doraville 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 Doraville 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 Doraville can return to court to enforce the decree.
Common questions about divorce in Doraville
Is my business marital property in a divorce?
To the extent it was built or grew during the marriage, a business can be part of the marital estate subject to equitable division.
How is a business valued in a divorce?
Through a valuation that looks at assets, income, and goodwill; we help ensure the figure is fair rather than inflated or understated.
Can I keep my business after the divorce?
Often yes, by offsetting its value with other assets, so one spouse keeps the company while the division stays fair.
A divorce that does not tear the company apart. Call (770) 285-1673 for a free case evaluation.