Atlanta Divorce Lawyer
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.
Georgia Divorce Law Facts
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:
- 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.
How Buckhead Family Law can Help
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.
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.
Call Buckhead Family Law for Help with Divorce in Atlanta
For effective representation that meets your needs in an Atlanta-area divorce, call Buckhead Family Law at 404-600-1403, or contact us online to schedule your consultation with an experienced and dedicated Atlanta divorce lawyer.