When you get married to the love of your life, no one thinks that it may end up in a bitter divorce. You cannot imagine that this person you love will now be in the past chapter of your life. However, divorces are real, and they are there. It is one of the most traumatizing and depressive moments you can go through. It can break you to pieces emotionally and even financially.
The divorce process is long and exhaustive. However, having a great Columbus divorce lawyer by your side will help keep your sanity and ensure that the process is smoother for you. If you are in Columbus, Georgia, then Joe Durham Jr. P.C. is the right divorce law firm for you.
Our experienced and highly skilled divorce attorney understands this process and will work tirelessly to ensure that you are not on the losing end. We have represented numerous clients, and choosing us is the right decision you could make for your family.
What Are Common Grounds for Seeking Divorce?
If you are considering divorce, one of the first things that you need to state is the grounds for divorce. The grounds for divorce are the legal reasons you will be presenting to the court on why you seek a divorce.
Georgia law recognizes no-fault and fault-based grounds for divorce. One of the most common grounds is citing irreconcilable differences, meaning that no one is at fault for the marriage’s failure.
The following are also common grounds for divorce in Georgia.
Adultery
Legally speaking, a person commits adultery in Georgia when they have had sexual intercourse with another person other than their spouse. Even though both of you were separated and someone committed adultery, it can be used as a ground for divorce. This is because both of you were still legally married.
You could prove adultery by direct or circumstantial evidence unless it was done in secret, which will be difficult to prove. However, if your spouse had an affair some years or months ago, and you had forgiven them, then adultery will not be a proper ground. The reason for this is that your spouse can claim condonation, which is an adultery defense.
Domestic Violence
If your spouse harms you in a way that can endanger your life and health, then you have a ground for divorce. Domestic abuse ranges from verbal insults to financial abuse, in a way that prevents one party from having any financial support.
Permanent Mental Incapacitation
In Columbus, Georgia, you are allowed to divorce on the grounds of permanent mental incapacitation. Mental incapacitation is considered a disability to the degree where someone cannot make independent legal decisions such as signing a contract, executing a will, or even marrying or divorcing.
You will need a doctor’s report on the matter to prove the permanent mental incapacitation. The judge will appoint a guardian ad litem to act on behalf of the incapacitated spouse’s interests.
Drug Addiction
If your spouse is a drug addict, you can use this as a ground for divorce. You will need proof to present to the court on their drug addiction.
How Is Custody Determined in Georgia, and What Are The Different Types?
Georgia courts consider the best interests of the children when they are making custody determinations. When it comes to custody arrangements, both parents are equal.
In Georgia, there are two distinct types of child custody: legal and physical. Each type has different rights and responsibilities for the child.
Legal Custody
Legal custody focuses on making crucial decisions for the health, well-being, and growth of the child. It does not depend on its other counterpart, physical custody. The decisions to be made include:
- Schooling
- Healthcare
- Religious upbringing
- Caregiving
- Discipline.
In joint legal custody, both parents have equal rights and responsibilities to make crucial decisions that concern the child. However, one parent will make the final decision on the major issues shown above. They’ll be the primary custodial parent and will make decisions where both parents cannot agree.
Physical Custody
Physical custody refers to which parent the child will live with. It is usually established by a parenting plan that schedules how the child spends time with each parent. It usually comes in two variations; sole and joint custody. For the former, the child will live with one parent. Here, there will be a visitation schedule that will be prepared for the noncustodial parent.
However, this does not happen in all cases, mainly if the court determines that it won’t be in the child’s best interests. In Georgia, sole custody is rare unless one parent has a permanent mental illness, dependency, or some reason to prevent them from being a safe parent for their child.
In instances where joint custody is given, the child will live with each parent for a designated period. Here, the living arrangements will need to be adjusted to ensure that they are in the child’s best interests. mIn cases where the parents live too far from each other or cannot get along to work together, joint custody will be a problem.
If the child is 11 years or older, they will be allowed to make a custody election on which parent they want to live with. However, this custody election can be overruled if the judge decides that living with that parent is not in the child’s best interests.
How Is Alimony Calculated in Georgia?
Alimony, otherwise known as spousal support, is a payment ordered by the court from one spouse to the other. It is done to help maintain their marital standard of living or ensure that the lower-earning spouse is financially stable during and after the divorce is finalized.
In Georgia, unlike child custody calculations, alimony does not have a specific formula to get it. Suppose there was no adultery or desertion in the marriage, and there is still a need to pay it. In that case, the judge will decide if the alimony is necessary and the type, duration, and amount that the other party will be paid. This, therefore, means that the calculation will be on a case-to-case basis. Hence it will not be fixed.
Why Do You Need a Columbus Divorce Lawyer?
If you have assets and children together with your spouse, then hiring a divorce attorney is one of the best decisions you could make for your family. They will help navigate this complicated process and ensure that everything goes on smoothly.
Divorces can leave you with emotions that will overwhelm you; hence you are likely to make bad decisions based on anger and hurt. A lawyer will help keep your head straight and navigate the process. Having a Columbus divorce lawyer will help you with the following.
Legal Knowledge
Our experienced attorneys at Joe Durham Jr. P.C. have all the legal knowledge and expertise you will need in your divorce. To help you get the beneficial terms of the divorce, such as asset division, child support, and child custody, you will need a competent divorce attorney that understands the law.
Paperwork
Divorces require a pile of paperwork that you cannot manage on your own. A Columbus divorce lawyer will help file them correctly to avoid case dismissal and avoid mistakes that can hurt the case.
Negotiation
A divorce attorney will help negotiate the case for you, especially in marital estate issues. They will work tirelessly to ensure that you resolve the matter as fast as possible.
Provide Objective Advice
Divorce is an emotional process, and you will need someone to keep you from making hasty and bad decisions. A divorce attorney will help advise you on factors affecting your future, such as custody and child support issues.
Represent You in Court
If you need to litigate your case, a divorce attorney will help you do that. They will represent you and argue the case in court.
How Do You File for Divorce in Georgia?
To file a divorce in Georgia, you or your spouse must have been a Georgia resident for at least six months. You will then file in the Superior Court in the county where you live in Georgia. If you do not meet this residency requirement, you will then be required to file it in the county where your spouse lives.
You will also need to pay a filing fee to the Supreme Court. If you cannot afford to pay it, you will be given a fee waiver.
How Long Does a Divorce Typically Take?
The answer to this depends on whether your spouse is cooperating or being difficult about the divorce. If both of you agree about the divorce, then the process will be faster, taking 21 days after the papers are filed with the court.
If your spouse is being difficult, the divorce can take 46 to 60 days to finalize. It may take longer due to the court’s schedule, and even years if property or children are involved.
Will I Have to Go to Court for a Divorce?
If you and your spouse can agree on the division of assets and custody, then the divorce can be settled out of court. If the divorce is contested, on the other hand, then a hearing will be necessary to resolve the dispute.
Contact Our Columbus Divorce Lawyers Today!
At Joe Durham Jr. P.C., our Columbus divorce attorneys are well-experienced and ready to take on your case when you are ready. We have represented many clients in the past, so we are the perfect option for you.
All you have to do is call us 229-351-5320 and schedule a free, confidential consultation.
