Divorce help for Mableton families.
For Mableton parents, a divorce is really about the children as much as the marriage, and how custody and support are handled shapes everything after. Resolving the parenting pieces thoughtfully protects your kids through the change. We help you address custody, a parenting plan, and support together within the divorce.
Daniels & Taylor serves Mableton 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 Mableton 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 Mableton 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 Mableton can return to court to enforce the decree.
Common questions about divorce in Mableton
How is custody decided in a divorce?
As part of the divorce, the court sets custody and a parenting plan on the child’s best interest, the same standard as any custody case (O.C.G.A. 19-9-3).
Is child support part of the divorce?
Yes. Support is calculated under Georgia’s guidelines using both parents’ incomes and the parenting-time arrangement.
Can we agree on the parenting plan ourselves?
You can; the court reviews an agreed plan for the children’s best interest, which often makes the whole divorce smoother.
Protecting your kids through the change. Call (770) 285-1673 for a free case evaluation.