Yes. If one party wants a divorce, that party can file for the divorce regardless of the other party’s wishes. This is a classic contested divorce. The fee structure differs from an uncontested divorce. Typically the client pays a retainer and is charged by the hour instead of a flat fee.

Yes. At least one of the parties (spouses) must live in Georgia for at least six (6) months to file for divorce in Georgia.

There are 12 “fault” grounds for divorce in Georgia described in the blog on this site. However, Georgia does not require a finding of fault for divorce. Parties commonly say the marriage is “irretrievably broken” as grounds for the divorce.

You have a constitutional right to represent yourself, referred to as appearing pro se (without an attorney), but frankly, unless the divorce is without children, no assets and the other spouse is not represented, it is not advisable. You wouldn’t do your own root canal. The same applies to a divorce. If you make a mistake in the division of property, such as the sale of a home, it cannot be reversed.

It is advisable for both parties to have their own attorneys, especially if children and property are involved. In simple uncontested divorces where the parties are in agreement on all issues, one attorney can draft the documents for the parties, file them and represent the plaintiff at the final hearing. One attorney cannot represent both parties.

Annulments in Georgia are rare. They can be granted if the marriage was void to begin with. For instance, you can obtain an annulment if your spouse was already married when you married and there are no children from your marriage.

Yes, but in Georgia a separation means the parties are not having sexual relations. They can be living under the same roof and still be separated.

Alimony or spousal support is available in Georgia, but there is no cut-and-dried way of determining what’s fair as there is in child support. The parties can agree to it, or the Court may grant it after examining all the relevant factors in a particular case. Asking for the right amount of alimony requires the expertise of an experienced attorney.

Like many states, Georgia has adopted a child support calculator (worksheet and schedules) to determine child support. The non-custodial parent pays child support to the custodial parent. In some cases, such as shared custody cases, deviations from the child support amount are appropriate. This is best left to experienced attorneys, as the Court determines whether a deviation is warranted based on best interests of the child.

Georgia is an “equitable distribution” state, meaning assets and liabilities are to be divided fairly. In general, marital property is property acquired during the marriage, including pensions and 401(k)s. If the divorce involves substantial assets, it is imperative to be represented by a family law attorney.

Yes. The Court will grant a woman’s request to have her maiden name or prior name restored.

It depends on the parties. If they are in agreement on all issues, the divorce can be granted 31 days after filing an uncontested divorce. If the divorce is contested, there is no set time. It can take months or even years. Litigating a contested divorce costs thousands of dollars and can take years. That is why the parties are well advised to consider an uncontested divorce.

Yes. Dating even after separation while the divorce is pending is a bad idea. It is technically adultery, which is still a crime in Georgia, although this is seldom prosecuted.