10 Common Questions Answered by Divorce Lawyers in Albany GA

July 24, 2019

Spouses deciding to file for divorce often have questions. The best way to obtain accurate answers is to consult divorce lawyers in Albany. Sadly, many people avoid doing it to avoid costs or worsening the relationship with their spouse.

If you find yourself in this situation, the following questions and answers may help you. However, keep in mind that this is just general information. To find out how it applies to your particular case, you should consider getting in touch with an Albany divorce attorney.

Answers to 10 Common Questions Provided by Divorce Lawyers in Albany, GA

1. Is It Necessary to Live in Georgia in Order to File for Divorce Here?

According to Georgia Code Section § 19-5-2, spouses filing for divorce will have to prove having resided in the state for six months prior to their divorce petition.

2. If the Spouses Agree on All Matters, Do They Still Need a Divorce Lawyer?

Working with a divorce lawyer is not a requirement, and divorcing spouses are free to represent themselves. Those who do should be prepared to get acquainted with the legal system, paperwork requirements, and court rules. These are not that simple and usually justify paying for legal services.

3. Where Should You File the Divorce Petition?

Usually, the spouse filing for divorce will have to do it with the Superior Court of their spouse’s county of residence. When their spouse does not reside in Georgia, they can file their papers with the court in their own county of residence.

4. Can Spouses Who Still Live Together File for Divorce?

The law requires divorcing spouses to be “legally separated”. Legal separation means not engaging in marital relations but does not exclude living together.

5. What Is Separate Maintenance?

In Georgia, spouses can opt for separate maintenance as an alternative to divorce. The procedure is finalized in court. The judge addresses all the issues involved in a divorce case and issues a court order. The separate maintenance order establishes the terms of the couple’s legal separation.

6. Is It Possible to File for a “No-Fault” Divorce?

Georgia law allows for no-fault divorces. These are awarded when the spouses believe that their marriage is over, beyond repair, or their differences are irreconcilable. Most couples filing for divorce prefer this alternative.

7. Is It Possible to File for At-Fault Divorce in Georgia?

Georgia law accepts the possibility for one spouse to cause the breakdown of a marriage. Spouses filing for at-fault divorce will have to provide grounds. Common examples include adultery, abandonment, mental illness, impotence, criminal convictions and imprisonment, cruelty, habitual consumption of drugs or alcohol.

8. What Does the Divorce Process Involve?

The spouse requesting the divorce needs to file a petition in this sense with the Superior Court. The document provides information about the spouses’ previous and current living arrangements. It also clarifies if they have children, marital assets and debts to share, and why they are seeking divorce.

A copy of this document should be delivered personally to the other spouse. The delivery can be done by the sheriff in the respective county. When another party handles the delivery, the receiving spouse should acknowledge receiving the petition in front of a notary public. From that moment, they will have 30 days to respond to the complaint. When the spouses do not agree, the process may proceed to court hearings.

9. How Long Does It Take to Finalize a Divorce?

The duration of the divorce procedures depends on whether the spouses agree on the terms or not. Uncontested divorces are sometimes granted within 31 days from filing. If the spouses cannot agree and go to trial, the whole process can last for months, even years.

10. Is It Possible to Settle Things Faster?

Spouses who need to resolve issues fast can request the court to issue a temporary order. This is a quick way of solving issues related to child custody, support, and visitation, marital property, alimony, etc.

A brief court hearing will take place, allowing each party to present their arguments. The judge will then issue a temporary order that the spouses must obey until the final divorce decree is issued.

Get the Answers You Need from an Experienced Divorce Attorney in Albany, GA!

Do you have any other questions or you would like to know how the above answers apply to your case? Schedule a consultation with a divorce lawyer at Joe Durham, Jr. P.C.! Albany divorcing couples reach out to us all the time, and we make sure they never regret their decision.