Divorce help for South Fulton families.
When both spouses in South Fulton already agree it is over and roughly how to divide things, the divorce does not have to become a war. An uncontested divorce lets you settle the terms yourselves and keep the process calm and affordable. We help you put a clean agreement in place and move forward.
Daniels & Taylor serves South Fulton 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 South Fulton 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 South Fulton 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 South Fulton can return to court to enforce the decree.
Common questions about divorce in South Fulton
What is an uncontested divorce?
One where you and your spouse agree on all the issues, custody, support, property, and any alimony, so no trial is needed.
What do we need to agree on?
A parenting plan and child support if you have children, plus how marital property and debts are divided.
Is an uncontested divorce faster and less costly?
Generally yes; agreement avoids litigation, though the court still reviews the terms, especially those affecting children.
A clean agreement, and a way forward. Call (770) 285-1673 for a free case evaluation.