Can my wife and I use the same lawyer for a divorce?
Often they will assume that to make things smoother (and more cost-effective) if they use the same lawyer. They approach us and ask if we can represent both parties in the divorce. The simple answer is no. Hopefully, the divorce is a smooth process, and both the husband and wife agree on every point.
Do you have to go to court for a divorce in Georgia?
To start, only a qualified Georgia family law attorney has the legal authority to submit a Motion for Judgment on the Pleadings. In other words, if you are not working with a divorce lawyer, then you will be required to go to court to finalize your divorce.
Is Ga A 50 50 state in divorce?
Georgia is an equitable distribution state. Upon divorce, spouses are not guaranteed an equal split of their marital property. Generally, equitable distribution does result in the division of the estate 50/50 unless there is a reason to give one spouse a greater portion of the marital property.
What are the 13 grounds for divorce in the state of Georgia?
“Force, menace, duress, or fraud” used to make the other spouse agree to marry (menace seen as threatening behavior) Pregnancy of wife by another man at wedding date. Conviction for a crime of “moral turpitude” with at least a two-year jail term. Habitual intoxication (alcohol only)
What is considered abandonment in a marriage in Georgia?
In fact, merely leaving your marital home before your divorce does not necessarily qualify as the desertion of marriage, which is also known as “abandonment” in Georgia. In short, a spouse can be guilty of desertion when one spouse leaves the marital home without the consent of the other spouse.
How long does a uncontested divorce take in Georgia?
What am I entitled to in a divorce in Georgia?
During divorce in Georgia, separate property is typically retained its original owner. Marital property, on the other hand, is subject to division according to the principle of equitable distribution. This means that the property is divided between the spouses according to what is “equitable,” or fair.
Can you date while separated in GA?
Legally speaking, no it is absolutely not OK to date once you separate from your spouse in Georgia. Georgia divorce law does not recognize the concept of “legal separation” that some other states recognize. Any extramarital relationship you engage in (separated or not) may be considered adultery during your divorce.
Who gets the house in a divorce in GA?
Who gets the house in a divorce in GA? You and your spouse can choose who gets the house in a divorce in Georgia. One spouse can trade the house for other marital property. Or you can just sell the house and split the money from the sale of the property.
How long do you have to be married to get spousal support in Georgia?
A marriage of three years or less is rarely awarded alimony, a marriage of ten years or less may be awarded alimony but the amount will be reduced and the period of alimony is usually about a third of the length of the marriage.
Is GA a marital property state?
Georgia, like most states, doesn’t recognize community property where everything acquired by each spouse during the marriage is owned equally by both spouses. In Georgia, property division during divorce is governed by court cases instead of legislative statutes.
How much alimony will I have to pay in Georgia?
Unlike child support calculations, there is no specific formula to calculate alimony in Georgia. If there is no adultery or desertion, and there is a need and ability to pay, the judge will weigh each factor equally to determine (1) if alimony is appropriate and (2) the type, duration, and amount of the final award.
Is Sexting considered adultery in Georgia?
Under Georgia law, adultery is defined as sexual intercourse with a person other than your spouse. While there are a number of other ways that a spouse can be unfaithful, such as sexting, kissing and oral sex, they do not constitute adultery in the absence of sexual intercourse.
How long after divorce can you remarry in Georgia?
There is no waiting period to remarry. You only must have a final Judgment of Divorce entered by the Court clerk. Also, if your children are all over age 18, your divorce judgment can be entered 60 days after you file the action.
What happens if you don’t pay alimony in Georgia?
Although it may seem counterintuitive to imprison an individual for failure to pay alimony, Georgia law provides that a person found in contempt for failing to pay alimony may be sentenced to a diversion program so that he or she may continue to work although imprisoned.
What are the alimony laws in Georgia?
Alimony in Georgia is not a guaranteed part of the your divorce. Circumstances such as adultery or abandonment nullify the spouses rights to request spousal support. Typically spousal support is awarded for a spouse ending a long term marriage (10+ years) where one spouse has minimal income earning potential.
Why would a spouse get alimony?
Alimony, simply stated, is court-ordered payment from one former spouse to the other after divorce. It’s intended to provide financial support for the spouse who was financially-supported during the marriage –and still, that’s most commonly the wife.