Jan172018
DivorceFamily Law

At the Law Office of Lyle K. Porter in Lawrenceville, we understand this is the first time you have experienced the issues of a divorce and possibly the first time you have had to deal with a legal issue of any kind. We believe that part of an attorney’s duty is to educate clients about the divorce process so they know what to expect and can make informed decisions. For that reason, we offer these five facts that you may not know about Georgia Divorce cases.

  • Most Georgia Divorces Are No-Fault Divorces

    Divorces are typically filed on the grounds that the marriage is irretrievably broken. For a marriage to be irretrievably broken, it is only necessary for one party to give this testimony and that there is no hope for reconciliation.

    Georgia recognizes numerous fault-based grounds for divorce including but not limited to adultery, mental or physical cruelty, and desertion. When the conduct of one party causes the divorce to be filed based on one of the statutory grounds, it is important to understand what evidence will be needed to meet the burden of having your divorce granted on the alleged ground. Additionally, the conduct of either party and proving evidence of a statutory ground often impacts the division of marital property and the payment or receipt of spousal support.

  • The Needs Of The Children Come First

    When children are involved, the law prioritizes their needs. “What is in the best interest of the children?” is the standard applied to issues of custody. When the issue of child custody is one that will be presented to the court, all evidence becomes relevant. In Georgia, a Parenting Plan is required to finalize any divorce where the parties have minor children. Reviewing a Parenting Plan form is often the best way to begin to educate yourself on what issues the Court will be required to address including particular issues of legal custody, various parenting time schedules, and the exchange dates and times of various holidays and summer recess.

  • Property Is Divided Equitably, But Not Always Equally

    Marital property may be divided 50-50, but only if an equal split is what is truly fair. In Georgia, the law requires an equitable division of marital property. Equitable means fair, not equal. It is also important to understand the distinction the law makes in separate and marital property. Understanding what may NOT be subject to division is just as important as arriving at an equitable and fair division.

  • Divorces Can Be Final In As Little As 31 Days

    If a divorce is uncontested, meaning both spouses agree on everything from child custody arrangements to division of property, a divorce can be final in as little as 31 days from the execution and filing of the Complaint and Acknowledgment of Service.

    That length of time tends to increase depending on the number of disputes that must be resolved and the willingness of the spouses to reach agreements. A contested divorce that goes to trial may take months or even years to be concluded.

  • Many Divorce And Family Law Cases Are Resolved Without A Trial

    More often than not, agreements are reached through negotiation or some form of alternative dispute resolution such as mediation. Spouses recognize that going to trial is both costly, time-consuming and will lead to stress and an uncertain outcome. While it is important to choose an attorney who is a skilled trial attorney and who is ready to represent your interests in a courtroom battle, it remains just as important to utilize alternatives to trial to either narrow the contested issues or settle the case entirely.

     

We have more than 20 years of experience and are known for our ability to get results in Gwinnett County courtrooms. To learn more, call 678-985-1000, request a Case Evaluation, or Contact Us.