Filing for divorce is not an easy process to go through. Divorce can be expensive and time-consuming, but the right lawyer in Marietta Georgia can help you get through this difficult decision with ease. Here are some things that divorcing couples should consider when they decide on legal representation.
Grounds for Divorce
In Marietta, Georgia, there are several grounds for divorce. To file for a divorce in the Peach State, you must have been legally married and reside within the state borders.
You can use one or more "grounds" as reasons why your marriage is no longer working out. Some common causes include adultery, physical or mental abuse, imprisonment of the other spouse, and incurable insanity.
If you seek a no-fault divorce in Marietta, Georgia, you must have been separated from your spouse. The separation period must be for at least one year before filing for dissolution of marriage. Only certain conditions allow couples to be granted an immediate divorce without having to wait a year.
Finding a Lawyer
The next step is finding a divorce lawyer that specializes in family law. The best way to ensure you are working with the right divorce attorney for your situation is to ask friends and family members whom they would recommend.
Once you have found potential candidates, look them up online. Alternatively, consider asking other lawyers if they know of anyone who specializes in divorce and family law.
Finally, if you have found a qualified Marietta divorce lawyer from Georgia, it is vital to prepare for your first consultation appointment with them before filing the petition. During this meeting, your attorney will help determine what steps you need to take and how much it might cost you.
Where to File for Divorce in Marietta Georgia
You will need to find out where your spouse lives and determine which county they live in to file with the court located there. According to the Georgia Constitution, you cannot file a divorce anywhere in Marietta, Georgia, apart from where your spouse resides.
How to Serve Your Spouse with a Divorce Petition
Once the divorce petition has been filed with the court, you must serve your spouse to alert them. This process allows both parties involved to have representation. It provides them with time to begin preparing their response.
In Marietta, Georgia, a spouse must be served with the initial petition at least 30 days before a hearing or trial. Divorce lawyers recommend that you use a professional server when dealing with a spouse in an uncontested divorce case.
In Which Court Would you File the Divorce
Although there are several courts in Georgia, including the Magistrate Court, Superior Court, and Juvenile Court, you must file for divorce in the local Superior Court. The law in Georgia states that the Superior Court has exclusive subject matter jurisdiction regarding family law cases.
What is Uncontested Divorce in Georgia
An uncontested divorce involves spouses that agree on all issues involved in the proceedings. There may be some minor disagreements over property division or custody, but no significant disputes.
A Contested Divorce in Marietta Georgia
There will have to be a trial if the spouses do not agree on all issues in a contested divorce case. Such topics of contention might include division of property or child custody arrangements.
There are two types of contested divorce cases in Marietta Georgia, fault-based divorces and no-fault divorces. A fault-based divorce is one where someone cheated or did something wrong to cause the marriage to fail. A no-fault divorce states that there has been an irretrievable breakdown of the marriage.
Contact Our Marietta Law Office
Divorce is a lengthy process that has an immense impact on the lives of all parties involved. Our qualified Marietta divorce attorney will guide you through every step of the process, from filing your petition to finalizing the agreement. Please schedule a consultation today with our firm to create a solid plan to guarantee the best outcome.