Hampton may be best known for the roar of Atlanta Motor Speedway, but for the families who live in this southern Henry County city, everyday life, and sometimes divorce, is the real story. We serve Hampton families from our office in Lawrenceville with clear, steady counsel through every stage of a Georgia divorce.
Your situation is unique, and your representation should be too. We explain how Georgia law applies to you and work to protect your children, your home, and your future.
Daniels & Taylor serves Hampton families from our office in Lawrenceville.
What most people pay for a consultation 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 Hampton 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 Hampton 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 Hampton 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 Hampton facing violence has protective options during a divorce.
Common questions about divorce in Hampton
Do I have to prove my spouse did something wrong?
No, Georgia permits no-fault divorce.
How does the court handle the kids?
Custody and parenting time are set on the children’s best interests.
What happens to what we own and owe?
Marital property and debts are divided equitably under Georgia law.
How long will this take?
It varies with the level of agreement; we’ll give you a realistic picture.
A divorce shapes the years ahead, make sure someone is fighting for yours. Request a free case evaluation. Call (770) 285-1673.
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