Divorce help for Lexington families.
For a Lexington spouse who gave up a career or earns far less, a divorce raises a pressing question: will there be support to lean on. Alimony is not automatic, but it is available where the circumstances call for it. We help you understand whether spousal support fits your case, on either side of it.
Daniels & Taylor serves Lexington 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 Lexington 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 Lexington 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 Lexington can return to court to enforce the decree.
Common questions about divorce in Lexington
Is alimony awarded in every divorce?
No, alimony is decided case by case, based on need and ability to pay, not granted automatically.
What does the court look at for spousal support?
The length of the marriage, each spouse’s finances and earning capacity, the standard of living, and related factors all weigh in.
Can alimony be temporary or long-term?
It can take different forms, from support during the case to a set period afterward, depending on the circumstances.
Whether support fits your case. Call (770) 285-1673 for a free case evaluation.