Atlanta Divorce Lawyer
Divorce is a significant life event that can be emotionally and legally complex. If you are considering divorce in Atlanta, GA, it is important to understand the types of divorce available, key considerations during the process, and the legal resources at your disposal. We will provide everything you need to know about divorce in Atlanta, including information about the local courthouse and how Buckhead Family Law can help with expert legal assistance.
Atlanta divorce lawyer Melissa Davis has ten years of experience resolving high asset and high conflict divorce in Fulton, DeKalb and surrounding counties. Whether your divorce is amicable and uncontested or highly complex and emotional, count on Buckhead Family Law to be there for you throughout the entire process, giving you the time and attention you need and providing the level of representation necessary to achieve a successful resolution of your Atlanta divorce.
Common Types of Divorce in Atlanta, GA
In Georgia, divorces generally fall into two categories: contested and uncontested. Understanding the differences between these types can help you determine the best approach for your situation.
- Uncontested Divorce: An uncontested divorce occurs when both spouses agree on all terms, including property division, child custody, child support, and alimony. This type of divorce is typically faster, less expensive, and less stressful than a contested divorce. In Georgia, an uncontested divorce can be finalized as quickly as 31 days after filing, provided all paperwork is in order and both parties remain cooperative.
- Contested Divorce: A contested divorce happens when spouses disagree on one or more aspects of the divorce. These cases often require litigation and can take months or even years to resolve. Common areas of dispute include asset division, child custody, and spousal support. Contested divorces are more expensive due to court and attorney fees, but they may be necessary when significant disagreements exist.
- No-Fault vs. Fault-Based Divorce: Georgia allows both no-fault and fault-based divorces.
-
- A no-fault divorce means that neither spouse has to prove wrongdoing; they only need to state that the marriage is “irretrievably broken.”
- A fault-based divorce requires one spouse to prove that the other engaged in misconduct such as adultery, desertion, abuse, or drug addiction. Fault-based divorces can impact the division of assets and alimony awards.
- Mediation and Collaborative Divorce: For couples who want to avoid litigation but still need assistance reaching agreements, mediation and collaborative divorce are alternative dispute resolution methods.
-
- Mediation involves a neutral third party who helps spouses negotiate a settlement.
- Collaborative divorce involves both parties working with their attorneys to negotiate terms without going to court.
Considerations During Divorce
Divorce involves more than just legally ending a marriage. Several critical factors must be considered to ensure a fair and amicable resolution.
Property and Asset Division
Georgia is an equitable distribution state, meaning that marital assets are divided fairly but not necessarily equally. Courts consider factors such as:
- Each spouse’s financial situation
- Contributions to the marriage (including non-financial contributions like homemaking)
- Future earning potential of each spouse
Separate property, such as assets acquired before the marriage or through inheritance, generally remains with the original owner.
Child Custody and Support
For couples with children, custody and support are some of the most critical and contentious issues. Georgia courts prioritize the best interests of the child when determining custody. Factors considered include:
- Each parent’s ability to provide a stable home
- The child’s relationship with each parent
- The parents’ ability to cooperate
Georgia recognizes two types of custody:
- Legal custody (decision-making authority)
- Physical custody (where the child primarily resides)
Child support is calculated based on Georgia’s Income Shares Model, which considers both parents’ incomes and other expenses.
Alimony (Spousal Support)
Alimony is not automatically awarded in Georgia. The court considers factors such as:
- Length of the marriage
- Financial needs of each spouse
- Standard of living during the marriage
- Contributions to the marriage (e.g., staying home to raise children)
Alimony can be temporary (during the divorce process) or long-term, depending on the circumstances.
Emotional and Financial Considerations
Divorce can be emotionally draining and financially stressful. It is essential to:
- Seek emotional support from a therapist, support group, or family and friends
- Create a financial plan for life after divorce, including budgeting and managing assets
What to Do If Considering Divorce in Atlanta
If you are contemplating divorce, taking the right steps can help protect your interests.
- Evaluate Your Finances: Review your assets, debts, and income sources. Gather financial documents such as tax returns, bank statements, and investment records. Understanding your financial situation will help in property division and spousal support discussions.
- Understand Your Legal Rights: Consulting an experienced Atlanta divorce attorney is crucial to understanding your rights regarding property, custody, and support. Buckhead Family Law provides personalized guidance to help you make informed decisions.
- Discuss Custody and Parenting Plans: If children are involved, start thinking about custody arrangements that would be in their best interest. Keep the lines of communication open with your spouse to avoid unnecessary disputes.
- Consider Alternative Dispute Resolution: If possible, explore mediation or collaborative divorce to save time, money, and emotional distress. These options allow you to work toward a fair resolution outside of court.
Filing For Georgia Divorce
In order to file for divorce in Georgia, at least one party must have been a resident of the state for the preceding six months. Georgia divorce law recognizes thirteen different grounds for divorce, including:
- Adultery
- Desertion
- Cruel treatment or violence
- Addiction to drugs
- Habitual intoxication
- Incurable mental illness
- Convicted of a crime of moral turpitude
- Pregnant by another man at the time of marriage
- Mental incapacity
- Impotence at the time of marriage
- Intermarriage between persons prohibited by law (incest)
- Pressured, forced or tricked into marriage
- An irretrievable breakdown of the marriage (no-fault divorce)
A Georgia divorce can be finalized as soon as 30 days after serving divorce papers on the other party, but in reality the process usually takes months longer, even if the divorce is uncontested. When the divorce is contested, the entire process can take several months or even a year or more, depending on how much litigation is necessary.
When one party is contesting the grounds for divorce, a judge can deny the divorce for any of the following reasons:
- The parties colluded in manufacturing the grounds for divorce
- One party consented to the other party’s conduct
- Both parties are guilty of the same conduct
- The offended party voluntarily condoned the behavior and continued to live with the spouse
The judge may even refuse a no-fault divorce if not convinced that the marriage is irretrievably broken.
Help with Atlanta Uncontested Divorce
If the couple can agree on all the issues to be decided in the divorce, then litigation may not be necessary. An uncontested divorce can be concluded in just a couple of months, saving time, costs and conflict for the parties. Even if you and your spouse go into the divorce agreeing in general on the terms and favoring an amicable split, it is still important to have legal representation. At Buckhead Family Law, we can provide guidance and advice in negotiations or mediation to help you get from a general agreement to the level of specificity needed for an uncontested divorce to be approved by the judge. Our office drafts and reviews marital settlement agreements that set out the terms of your divorce in a practical manner that is useful for the parties and enforceable in court.
Fulton County Superior Court Information
Divorce cases in Atlanta are handled by the Fulton County Superior Court, which has jurisdiction over family law matters, including divorce, child custody, and support.
- Location: 136 Pryor St SW, Atlanta, GA 30303
- Phone: (404) 613-5313
- Website: https://www.fultoncourt.org
- Hours: Monday–Friday, 8:30 AM – 5:00 PM
Divorce filings typically go through the Family Division, which provides resources such as mediation services and parenting workshops.
Why Choose Buckhead Family Law?
Navigating divorce requires experienced legal representation to protect your rights and ensure a fair outcome. Buckhead Family Law provides compassionate and strategic legal guidance tailored to your specific needs.
- Experienced Legal Team: Our attorneys specialize in Georgia family law and have a deep understanding of local court procedures.
- Personalized Approach: Every divorce case is unique. We take the time to understand your goals and tailor a legal strategy to achieve the best possible outcome.
- Strong Negotiation and Litigation Skills: Whether through mediation or litigation, we fight for your rights and interests.
- Comprehensive Support: From filing divorce papers to handling child custody disputes, alimony negotiations, and asset division, we provide full-service legal assistance.
Services Offered
- Uncontested and Contested Divorce
- High-Asset Divorce
- Child Custody and Support
- Alimony and Property Division
- Mediation and Collaborative Divorce
Even if both parties want a divorce, the divorce is still considered contested unless the parties agree on the disposition of all the following issues:
Child Custody and Visitation – When and where the children live with each parent; who makes decisions regarding the children’s upbringing
Child Support – How much must one parent pay to the other to help support the children
Property Division – Marital property is subject to an equitable division between the couple; an equitable division is not always a 50/50 split
Alimony – Whether one former spouse will pay support or maintenance to other former spouse in a lump sum or through periodic payments for a certain duration or even permanently
It is not enough to just agree in general on these items. The parties must work out all the specific terms. If they can’t, these matters are decided by the judge following a period of litigation where the parties gather evidence, depose witnesses and argue the case to the judge through motions and hearings. With experience in high-powered civil litigation in Georgia state and federal courts followed by ten years of experience in Atlanta divorce proceedings, attorney Melissa Davis and her team at Buckhead Family Law can fully represent your interests in all of the above issues, no matter how complex or conflict-laden. Our goal is to resolve your divorce as smoothly and efficiently as possible, but always with your rights and best interests protected.
Serving Throughout Atlanta
- Midtown
- Buckhead
- Virginia-Highland
- Inman Park
- Old Fourth Ward
- West Midtown
- East Atlanta Village
- Grant Park
- Cabbagetown
- Decatur
- Kirkwood
- Atlantic Station
- Candler Park
- Morningside-Lenox Park
- Castleberry Hill
- Edgewood
- Summerhill
- Reynoldstown
- Peachtree Hills
- Brookhaven
Call Buckhead Family Law for Help with Divorce in Atlanta
If you are considering divorce in Atlanta, contact Buckhead Family Law for a consultation. Let us help you navigate the legal process and secure the best possible future for you and your family. For effective representation that meets your needs in an Atlanta-area divorce, call Buckhead Family Law at 404-390-0000, or contact us online to schedule your consultation with an experienced and dedicated Atlanta divorce lawyer.