Georgia Divorce FAQ’s Part 2

If you’re contemplating a divorce, it’s vital to know as much as possible about divorce proceedings, necessary legal information, and more. Keep reading to discover the answers to frequently asked questions about divorce in Georgia:

What does a legal separation entail?

Before filing for a divorce, it’s important to be legally separated from your spouse. This does not mean you have to move out of the home, but rather into a different bedroom. Although no set time frame is required, it is best to be legally separated for at least 30 days before filing for divorce. During this time, remain separated and do not participate in rectifying activities, as this could compromise the legal separation period.

Will my chosen grounds for divorce affect the outcome?

Grounds for divorce in Georgia includes a wide range of reasons such as adultery, cruel treatment, habitual intoxication, desertion, and more. The judge may consider the chosen ground for divorce while determining who is responsible for the children, child support, property division, and alimony. Your divorce attorney can effectively present your case in court and seek the best result for you and your family.

Will our assets and debts be split equally?

It’s important to note that Georgia is an equitable distribution state. Equitable means fair and impartial, so your assets and debts may not necessarily be split equally. For example, if one spouse behaved poorly in the marriage (adultery, cruel treatment, etc.), it’s likely that the judge will take that conduct into account when determining asset and debt division.

Contact the Kicklighter Law team at 912-754-6003 
to schedule a free consultation!

Pursuing a divorce can be a stressful life event! Mickey Kicklighter, your Georgia divorce attorney, can guide you through this legal maze and fight for you to receive favorable results. If you have any questions about filing for divorce, reach out to the Kicklighter Law team today: 912-754-6003.

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Georgia Divorce FAQs | Part 3

Home » Archives for July 3, 2021

In part one of this three-part series about divorce in Georgia, we covered questions concerning marital fault, residence requirements, asset division, and if hiring a divorce attorney is necessary. This blog will cover additional subject matters such as spousal support questions, when you can file for a divorce in Georgia, how long your case will take, and other frequently asked questions. Let’s dive in:

What factors contribute to the cost of the divorce?

The main factor contributing to the cost of the divorce is if it is contested or uncontested.
An uncontested divorce means you and your spouse have put together a good skeletal agreement but now you need an attorney to make sure the agreement is within the parameters of the law and checks all the boxes necessary. There is also protective language that a lay person might not know about or think to include. We draft the documents and walk you through the steps so that it is quick, easy, and hopefully lessens the disruption in your life. It is always advisable to have an attorney, even in an uncontested divorce.
A contested divorce is more demanding on the client, the attorney, the paralegal, and the court system. The contested divorce demands more time, innovative routes, and most likely presenting your case in front of a judge or jury, sometimes on multiple occasions. It is common for expert witnesses, private investigators and other third parties to be involved in the contested divorce.

How long until the divorce is finalized?

The length of time it takes to finalize a divorce depends on if it is uncontested or contested. If there are several important matters upon which the two parties cannot agree, it’s likely that the parties will have to present their case to a judge or jury. If the divorce is uncontested and details can be agreed upon quickly, the divorce can be finalized  31 days after the filing of the acknowledgement of service and other required documents.

Will I receive spousal support?

Spousal support is a tough subject. A lot of factors play into spousal support such as length of marriage, income disparity, education, work history, employability and wrong doing. Many parties are awarded spousal support if they can prove that their income disparity is linked to their marriage or family life. For example,  a husband and wife who decide that the wife will be a stay-at-home mom and housewife instead of seeking an education and becoming a career woman may be granted spousal support. Your attorney can request temporary or permanent funds, so your way of life is not turned upside down.

What if my spouse doesn’t want a divorce?

In Georgia, the court is authorized to grant the divorce to the petitioner regardless of the other party’s wishes if it meets the legal requirements. As long as your spouse is served the divorce papers properly, alerting your spouse of your wishes, the divorce case will proceed.

What issues are finalized during a divorce?

All issues between a husband and wife must be addressed either by an agreement or a final hearing before the Court may grant the divorce; those issues are child custody, child support, division of all marital property and alimony. Prior to a consultation it is best to make a list of topics like alimony, investment accounts, bank accounts, debts, real property, automobiles, large personal property items, the children, and child support to consult with an attorney. An experienced divorce attorney can help you reach the best possible outcome.

Contact the Kicklighter Law team at 912-754-6003 
to schedule a free consultation!

Contact Mickey Kicklighter, your Georgia divorce attorney, today: 912-754-6003

Kicklighter Law

Georgia Divorce FAQ’s

Each state differs in divorce laws, so it’s important to know what your state says about divorce before submitting your petition. We’re here to answer frequently asked questions about divorce, then guide you on this legal journey. Consider the following FAQs.

What are the residence requirements regarding divorce?

Before filing for a divorce in Georgia, one spouse must have lived in Georgia for at least six months. The other spouse does not necessarily have to live in Georgia for you to file the divorce petition. After filing, your case will take different courses depending on the controversy. An uncontested divorce can be finalized in as little as 31 days whereas a contested divorce has many different routes and timelines based on what’s at stake.

Is Georgia a fault-based state?

Georgia is a no-fault state meaning divorce laws allow residents to file for divorce based on irreconcilable differences, there being no hope for reconciliation of the relationship. If there is fault present, such as adultery or substance abuse, that will be taken into consideration by the judge when he determines alimony, child custody or child support (if applicable).

How does the judge determine asset division?

Georgia is considered an equitable state which means asset division will be decided fairly, not necessarily equally. The judge will consider how much financial contribution each spouse put forth in the marriage as well as other factors such as wrongdoings, adultery, and even demeanor towards the other party.

Is a divorce lawyer necessary?

We highly recommend selecting an experienced family law attorney to help you through your divorce proceedings. Your divorce attorney can provide zealous representation and seek the best possible outcome for you, especially if your divorce involves child custody.
If you choose to represent yourself, you are expected to know the law and understand all the civil procedures and rules. You might agree to things in the courtroom you don’t understand or would not have agreed to if your attorney were present.

Contact the Kicklighter Law team at 912-754-6003 
to schedule a free consultation!

Partner with Kicklighter Law, Divorce Lawyers Serving Clients in Savannah Georgia

Mickey Kicklighter has extensive experience helping those who are pursuing divorce. This journey can be overwhelming and emotional, but with the help of a knowledgeable divorce attorney, it can kickstart a new chapter in life. Contact us today to meet with Mickey: 912-754-6003

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