Home to Kennesaw Mountain and a growing university community, Kennesaw blends historic northwest Cobb with young families and KSU students putting down roots, a real range of households, and a real range of divorces. We serve Kennesaw families from our office in Lawrenceville through every part of the process.
Whether you’re hoping for an amicable split or bracing for a fight, you deserve an attorney who protects your interests, keeps you informed, and works toward an outcome you can build on.
Daniels & Taylor serves Kennesaw 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 Kennesaw 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 Kennesaw 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 Kennesaw 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 Kennesaw facing violence has protective options during a divorce.
Common questions about divorce in Kennesaw
Is Georgia no-fault?
Yes, you can divorce without proving wrongdoing.
How is marital property divided?
Equitably, fairly under the circumstances, not automatically in half.
What if we share a business or significant assets?
Complex estates need careful valuation; we’re ready for it.
How do we minimize the impact on our kids?
Through thoughtful custody arrangements centered on their best interests.
Your future is worth a serious advocate. Request a free case evaluation. Call (770) 285-1673.
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