Divorce Attorney In Georgia
Divorce or dissolution of marriage is the process of legally ending a marriage. It is more than just legalities, though. Divorce is also emotional and stressful. I know how tough it can be, and I will work hard to help you through it.
I am Georgia divorce attorney, Robert Christian Rutledge. At my Rome law office, I represent people seeking a divorce in Northwest Georgia. As your lawyer, I will handle all of the legal matters, protect your rights and explain your options. I will also be here to support you through the process.
Grounds For Divorce In Georgia
Georgia allows people to file for divorce on fault and no-fault grounds. For a no-fault divorce, you and your spouse simply state that the marriage is irretrievably broken. There is no separation period required before you divorce.
If you wish to cite fault grounds, there is:
- Adultery (cheating)
- Desertion (abandonment)
- Cruelty (physical or mental/emotional abuse)
- Continual drug or alcohol addiction without trying to get sober
- Mental illness that cannot be cured
In some cases, fault may be considered when determining issues such as asset division and spousal support.
What Are The Steps In A Georgia Divorce?
The divorce process follows this general timeline:
- One spouse files a complaint for divorce.
- The complaint is served on the other party.
- That party files an answer.
- The parties go through the discovery process to exchange information.
- They try to resolve the divorce through mediation.
- The parties go to trial if mediation fails.
If the parties agree on all of the terms of their divorce, they can choose to file an uncontested divorce. This is typically faster and less expensive than a contested divorce.
Key Issues In The Division Of Property
The division of property and debts is a key part of a divorce. Georgia is an equitable division state, which means that assets and debts are divided in a manner that is fair, rather than strictly 50/50. Georgia considers property that is acquired during the marriage to be marital property, unless it was a gift or an inheritance, or if it is set aside in a premarital agreement. In addition, property owned prior to the marriage is separate property and is also not divided in a divorce.
Some of the most common assets and debts divided in a divorce are:
- Homes
- Vehicles
- Financial accounts and investments
- Retirement accounts
- Furnishings
- Mortgages and other loans
- Credit card bills
You may have other assets and debts. I will discuss those when we speak.
Child Custody Decisions In Georgia
Child custody is often contested since both parents usually want as much time with their children as possible. The judge will consider what is in the best interests of the children if the parents cannot agree on a custody arrangement. I often recommend that parents work together on the custody agreement because this is typically easier on everyone involved, especially the children.
Child Support Is The Right Of The Child
Because it is sometimes contested, it is best to remember that child support is for the child’s well-being. The Georgia Child Support Guidelines are used to calculate the amount of support, which depends on the number of children, the income of each parent, child care expenses and the health costs for the children.
Spousal Support Is Not Guaranteed, But May Be Granted
Spousal support (alimony) is sometimes awarded to the spouse with less income and/or lower earning potential. The judge will consider factors such as the length of the marriage, the ability of the payer to make payments and the payee’s financial need. Alimony may be temporary or permanent, and it will end if the recipient lives with or marries another person.
Have Divorce Questions? I Can Answer Them.
Please call Robert Christian Rutledge, PC, at 706-510-0133 or send an email to schedule a consultation with an experienced divorce attorney.