Divorce guidance for Hoschton’s growing families.
Hoschton has filled up with young families who moved out here for room to grow. When a marriage does not make it, the stakes feel especially high with small children in the picture. We help you build a parenting and financial arrangement you can actually live with.
Daniels & Taylor serves Hoschton 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 Hoschton 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 Hoschton 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 Hoschton can return to court to enforce the decree.
Common questions about divorce in Hoschton
Which courthouse will my Hoschton divorce go to?
Jackson County’s, at the seat in Jefferson, a short drive from Hoschton.
We have young kids, can you help us keep things stable for them?
Yes. We push for workable arrangements that protect your children’s routine and keep the conflict turned down wherever possible.
How do we get started?
One call. The case evaluation is free and we will explain your options plainly.
Protect your kids’ stability and your own footing. Call (770) 285-1673 for a free case evaluation.