Divorce help for Powder Springs families.
For many Powder Springs couples, a divorce is as much about splitting the debt as splitting the assets, the cards, the car loans, the line of credit. Who walks away owing what can shape your finances for years. We work to see that marital debt is divided fairly and that you are not left carrying more than your share.
Daniels & Taylor serves Powder Springs 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 Powder Springs 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 Powder Springs 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 Powder Springs can return to court to enforce the decree.
Common questions about divorce in Powder Springs
How is debt divided in a Georgia divorce?
Marital debt is part of the equitable division, apportioned fairly between the spouses alongside the assets.
Am I responsible for debt only in my spouse’s name?
Debt incurred during the marriage can be treated as marital even if it sits in one name; the division looks at substance, not just whose name is on it.
Can I be protected from my spouse’s spending?
The division can account for one spouse’s wasteful or hidden spending, and we work to keep you from shouldering it.
Not left carrying more than your share. Call (770) 285-1673 for a free case evaluation.