Getting married is often viewed as the start of a beautiful journey with your soulmate, but unfortunately, it doesn’t always end up that way. Divorces can be painful, overwhelming, and emotionally draining, leaving you shattered and financially crippled.
This process can also be complex, with various legal proceedings that require the assistance of a seasoned attorney in Cordele.
At Joe Durham PC, we understand the challenges you may be facing, and we are here to offer our clients our unwavering support during this trying time. Our firm of knowledgeable and compassionate divorce lawyers has helped numerous clients in Cordele, Georgia, navigate the divorce process and emerge victorious.
With top lawyers like us by your side, you can rest assured that your business rights and interests are protected every step of the way. Contact us today for a free consultation.
What Are Common Grounds For Seeking Divorce?
During this separation process, however, stating the grounds for divorce is one of the initial steps you should take. These are the legal reasons that you will present to the court to explain why you are seeking a divorce. In Georgia, divorce laws are based on a no-fault system.
Irreconcilable differences are one of the most common grounds for divorce, indicating that neither party is to blame for the breakdown of the marriage. Other common grounds include:
Adultery
In Georgia, adultery is defined as engaging in sexual intercourse with someone other than one’s spouse, and it can be used as a ground for divorce even if the parties were separated at the time. Adultery can be proven by direct or circumstantial evidence, but it becomes difficult to prove if it was done in secret.
However, if the injured spouse forgave the adulterous spouse for the affair, then adultery may not be a valid ground for divorce due to the legal defense of condonation.
Domestic Violence
If your safety and well-being are at risk due to your spouse’s harmful actions, you may have grounds for divorce in Georgia. Domestic abuse can take many forms, including physical, emotional, and financial abuse. If you have been a victim of any of these forms of abuse, it is important to seek help immediately and consider filing for divorce.
Permanent Mental Incapacitation
In Cordele, Georgia, divorce on the grounds of permanent mental incapacitation is permitted. This refers to a disability that is severe enough to prevent someone from making independent legal decisions, such as signing a contract, executing a will, or even getting married or divorced.
To prove permanent mental incapacitation, you will need a doctor’s report. The judge will also appoint a guardian ad litem to act on behalf of the incapacitated spouse’s interests.
Drug Addiction
Drug addiction of a spouse can serve as a legal ground for divorce in Cordele, Georgia. However, it is essential to be prepared to provide evidence to the court to prove the addiction.
How Is Custody Determined In Georgia, And What Are The Different Types?
In Georgia, the courts prioritize the best interests of the children when making custody decisions. Both parents have equal rights in determining custody arrangements. Child custody in Georgia is divided into two categories: legal custody and physical custody, each of which carries different responsibilities and rights for the child.
Legal Custody
Legal custody refers to the authority to make important decisions concerning a child’s welfare, growth, and health. It is distinct from physical custody and encompasses crucial decisions such as the child’s education, medical care, religious upbringing, caregiving, and discipline.
In joint legal custody, both parents have an equal say in making crucial decisions under family law regarding the child’s upbringing. However, if the parents cannot reach an agreement on a particular decision under family law, one parent will have the final decision-making authority. This parent is usually referred to as the primary custodial parent.
Physical Custody
Physical custody determines where the child will reside and how much time they will spend with each parent. The custody arrangement is usually outlined in a parenting plan, which can be joint or sole custody. With sole custody, the child lives primarily with one parent while the other parent is granted visitation rights, except in situations where it would not be in the child’s best interest.
Sole custody is uncommon in Georgia, except in cases where one parent is deemed unfit. In joint custody, the child resides with each parent for a specified period, and living arrangements are adjusted to ensure the child’s best interests.
However, joint custody may not be feasible if parents live too far or cannot work together. In Georgia, a child who is 11 or older can make a custody election. However, the court may override the decision if it is not in the child’s best interest.
How Is Alimony Calculated In Georgia?
Alimony, also referred to as spousal support, is a court-ordered payment made by one spouse to the other to help maintain their standard of living or provide financial support during and after the entire divorce process. Unlike child custody calculations, there is no specific formula used to calculate alimony in Georgia.
If there was no adultery or desertion in the marriage, the judge will determine if alimony is necessary, as well as the type, duration, and amount of payment to be made based on the individual circumstances of the case. Therefore, alimony calculations are unique to each case and are not fixed.
Why Do You Need An Attorney To Help With Your Divorce?
Hiring an attorney can be one of the best decisions for your family if you have assets and children with your spouse. They can assist in navigating the complex divorce process and ensure that everything proceeds smoothly.
Divorce can bring overwhelming emotions that may lead to rash decisions based on anger and hurt. A lawyer can provide guidance and help you make sound decisions. They can assist you in the following ways:
Legal Knowledge
At Joe Durham PC, our full firm of attorneys possesses the necessary legal expertise and experience to guide you through your divorce proceedings. With our lawyers’ assistance, you can obtain favorable terms regarding asset division, child custody, and child support. It is important to have a capable divorce lawyer who comprehends the law, and we are dedicated to helping you achieve a positive outcome.
Paperwork
A divorce can involve a lot of paperwork, which can be overwhelming to manage alone. However, with the help of a divorce attorney, you can rest assured that all the necessary paperwork will be filed correctly and on time. This will prevent the dismissal of the case and avoid any mistakes that could potentially harm your case.
Negotiation
One of the benefits of having a divorce attorney is their ability to negotiate on your behalf, particularly helpful in matters concerning marital assets. They will work tirelessly to ensure a speedy resolution of the case.
Provide Objective Advice
Divorce is a highly emotional process, and it’s easy to make hasty and difficult decisions that could affect your future, particularly when it comes to custody and child support issues. A divorce attorney can provide you with valuable advice and help you make informed decisions based on your best interests and the welfare of your children.
Represent You In Court
A divorce lawyer can provide you with free full representation if you need to go to court. They will advocate for you and present your case in front of a judge.
How Do You File For Divorce In Georgia?
To initiate a divorce proceeding in the state of Georgia, at least one of the spouses must have been a Georgia resident for a minimum of six months. The filing must take place in the Superior Court of the county where either spouse lives.
In case you don’t meet this residency requirement, you can file in the county or city where your spouse resides. Additionally, a filing fee must be paid to the Supreme Court, but if you cannot afford it, you can apply for a fee waiver.
How Long Does A Divorce Typically Take?
The length of time it takes to finalize a divorce in Georgia depends on whether or not both spouses agree on the divorce. If both parties are in agreement, the process can take as little as 21 days after the papers are filed with the court.
However, if one spouse is uncooperative, the divorce can take 46 to 60 days to finalize, and it may take longer if property or children are involved. Additionally, the court’s schedule can also impact the timeline.
Will I Have To Go To Court For A Divorce?
If both you and your spouse can agree on how to divide your assets and arrange for child custody, then you can settle the divorce out of court. However, if the divorce is contested, meaning that you and your spouse cannot agree on important issues, a hearing in court will be necessary to resolve the dispute.
In such cases, having a skilled divorce attorney by your side can make a big difference in achieving a favorable outcome.
Contact Our Cordele Divorce Lawyers Today
When you’re ready, the divorce attorneys at Joe Durham PC are here to provide you with their well-experienced representation. With our resources and a track record of successfully representing numerous clients in the past, we’re confident that we’re the perfect option for attorneys for you.
Take the first step and contact us today to schedule a free, confidential consultation.
