Georgia divorce law filing and adjudication

There are also strict legal requirements that cover everything from choosing a method of legal separation, to selecting where and how to file, to deciding how the property should be divided. The divorce process can be confusing, especially without legal assistance. When a couple decides to dissolve a marriage, one of the spouses will petition the court for a divorce. Before, during, and after a marriage, state and sometimes federal, and even international law may affect families.

A no fault divorce allows a court to enter a divorce decree without one party having to legally prove the other party did something wrong in the marriage.

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Instead, one spouse may simply allege that the marriage has broken down and there's no reasonable hope it can be preserved, and a divorce can be granted with or without the other spouse's consent. Georgia also allows for a contested or non-contested divorce. Please see the section below for additional information on these types of divorces.

Depending on your specific circumstances, you may have other options for ending your marriage besides a divorce. Georgia offers legal separations, which can allow spouses to make some of the same decisions as a divorce regarding their shared property, child custody, and child support.

This option doesn't legally end the marriage and is generally used when couples want to retain their marriage status for religious or health care reasons.

Answers to frequently asked questions about divorce and related issues in Georgia.

An annulment, on the other hand, has the same legal effect as a divorce, but does so by declaring your marriage was never valid in the first place. Reasons for an annulment could be that one spouse was already married, was tricked into the marriage, or was too young at the time to legally marry. Unfortunately, it is very difficult for one spouse to stop a divorce.

In some states, you have the right to ask the judge to order marital counseling. In other fault-based states, the spouse seeking the divorce must prove certain grounds for divorce. In making that decision keep in mind the following: the person who moves out does not forfeit all claims to any marital equity in the property or entitlement to a division of the furnishings.

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However, it might be wise to list or photograph the contents before you leave. If you have children and you believe that your children should reside primarily with you, its generally not a good idea to move out unless you have adequate and sage arrangements for your children to go with you. No, unless you have a court order granting you exclusive use and possession of the house. If you have concerns about your safety in the meantime, consider obtaining a restraining order, which typically would include granting you temporary possession of the house. Typically, it is wise to act in a conservative, financially prudent manner.

This means that you should avoid extravagant purchases or consult your attorney first.

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If you use credit cards in your normal course of business and for your everyday needs, you generally can continue to use them. It is wise, however, to confirm with credit card companies that you have credit in your name and that your spouse hasn't cancelled the credit cards.

Typically, no. Typically there is a lull in the case while the parties are conducting and reviewing discovery, evaluating the parties fitness as a parent , and negotiating for a final settlement. Whether a party really needs an attorney for a divorce in Texas depends on the facts of the case.

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Attorneys are professionals and know their field extremely well. They can offer you their guidance and counsel you through your divorce. Texas Divorce lawyers can also see issues that may not occur to couples proceeding pro se , such as tax treatment of financial issues surrounding the divorce, issues with exercising possession and access of your children, and even discovery of hidden assets.

A good analogy is if you had no medical experience, would you treat your own broken leg or would you go to a doctor to have it repaired? Texas grants divorces based on the following fault grounds: adultery, cruelty, felony conviction and abandonment. Adultery means one spouse has committed adultery. Cruelty means that one spouse treated the other in such a way that the marriage and living together was insupportable. You can either get maintenance or you will have to provide maintenance to your spouse in only two specific circumstances:.

Typically, spousal maintenance is limited to three years.

Understanding Divorce In Atlanta (And Georgia In General)

However, the Texas Family Code does provide some exceptions relating to disability of a spouse or a child. When you file your petition or counter petition you can request a name change that will be final upon the entry of the final decree of divorce. You will then have to go through the necessary government agencies to get all of your government issues documents changed.

Yes, you can get an annulment in Texas. Typically annulments are granted if there was a legal deficiency in the marriage. Examples include: one of the parties was underage; one of the parties was under the influence of drugs or alcohol; one of the parties is impotent; or one of the parties is mentally incapacitated. You can file for divorce as soon as either you or your spouse meets the residency requirements of the state and county that you plan on filing in. More specifically, a party must be a domiciliary of the state for the preceding 6-month period. A domiciliary of the state means a person that primarily lives in that state.

Second, a party must be a resident of the county in which the suit is filed for the preceding day period. However, a spouse that does not live in the state may file a case against a spouse that does live in the state, as long as that spouse meets both of the requirements stated above. Your case can be over in as little as 60 days or it can be over in a few years. The amount of time that it takes for a case to be completely finished depends on the issues that arise in your case. For example, the court may order a social study to evaluate both of the parents and their living situations.

The social study itself can take from two months to as long as year or more. Another example is property division. Complex property issues may require an expert to be brought in to evaluate businesses or property valuations and, like social studies, can take from two months to a year or more. Not necessarily.

If you and your spouse are able to agree on everything including possession and access to the children, child support and property division, the only time you would have to go to court is to do a Final Prove Up of the divorce and even then your spouse can have that done with only your signature.

However, if parties contest issues, a hearing or final trial is likely. If a process server is not able to serve your spouse, you can petition the court to either serve your spouse via certified mail or by publication. Serving your spouse by certified mail means that we will mail a copy of the citation and petition to the last known address of your spouse and that will trigger service.

The other alternative is to serve your spouse by publication, which means that notice of the filing of your petition will be published in a local newspaper or newspapers. Service by publication takes a little bit longer than the other methods of service, as there is a longer period of time that must past before the answer is due. If your spouse does not file an answer by the answer due date, a default judgment can be entered. If your spouse does not want the divorce, you are still able to pursue the divorce on your own. A default judgment can be pursued if your spouse decides to completely ignore the petition for divorce.

All felony cases are held in Superior Court. The Magistrate Judge holds first appearance hearings daily for accused persons who are being held in jail. Preliminary or committal hearings are held to determine probable cause for the accused that have been unable to post bond and are being held in jail.


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It is against the law for anyone in Magistrate Court to provide legal advice. If needed, one should consult an attorney. Magistrate Court. The Magistrate court has criminal and civil jurisdictions.