How To File for a Divorce in Lawrenceville, GA?

In Georgia, divorce is the legal process of dissolving a marriage and making decisions about how to divide marital assets and debts and how to care for any children in the marriage. If you’re considering ending your marriage, you may be wondering how to file for a divorce in Lawrenceville, GA.

Divorce in Lawrenceville, GA

To file for divorce, one spouse must live in Georgia. The basic process begins with filing a complaint for divorce with the Gwinnett County Superior Court on Langley Drive. After filing the complaint, the petitioner must serve their spouse with the divorce papers. From that point, the spouses must come to an agreement on all terms of the divorce, including property division, child custody and support, and spousal support.

The CDC reported that Georgia has a divorce rate of 2.1 per 1000 residents, which is lower than the national rate and has been dropping for several years.

Division of Property

Georgia uses the equitable distribution model for dividing marital property, which means marital property owned by the spouses is divided fairly. It may not always be an even split. Marital property includes any assets obtained during the marriage by either spouse or both spouses, including homes, vehicles, savings and retirement accounts, investments, and businesses.

Assets owned before the marriage and other kinds of property, such as gifts or inheritance, are typically considered separate property and not divided. In some cases, it can be difficult to distinguish between separate and marital property.

Ideally, spouses can come to an agreement on their own about property division that is fair to both partners. However, when they can’t come to an agreement on their own, the family court may need to make the final determination.

Factors that can affect property division in a divorce include:

• Dissipation of assets
• The financial needs of each spouse
• Earning potential of each spouse
• The complexity of assets
• Prenuptial and postnuptial agreements
• The length of the marriage
• If the divorce is fault-based
• Each spouse’s contributions to the marriage

Spousal Support

Spousal support, also called alimony, is money paid to a former spouse when the spouse was financially dependent during the marriage. In many cases, this may mean that one spouse earned significantly more than the other, the lower-earning spouse may be a part-time or full-time caretaker of the children or home, or there may be a disability or chronic illness involved.

Alimony is not always included in a divorce. When one spouse asks for alimony, they must show financial need and that the other spouse has the ability to pay spousal support. In general, spousal support is based on the division of property and child support.

Elements the court may take into consideration include how long the marriage lasted, as well as the following factors for each spouse:

• Health and age
• Occupation and amount, and sources of income
• Employability, earning potential, and skills
• Financial needs, debts, and other liabilities
• Assets, which may include their part of the marital estate

Child Custody and Support

Child custody involves legal custody, which has to do with who makes decisions about how the child is raised and cared for, and physical custody, which has to do with where the child lives.

Joint custody is common for both kinds, and the courts want both parents involved in their children’s lives whenever possible. However, the needs of the child are of utmost importance to family court judges, and decisions are made based on the child’s best interests.

Child support is separate from custody but may be impacted by custody and parenting time. Both parents are expected to participate in financially caring for their children, and this may mean one or both parents have to pay child support, but not always. The court looks at the income and needs of both parents as well as the needs of the child to prioritize their emotional and financial well-being.

Because child support and custody are ongoing issues for divorced parents, it is common to need to adjust or modify child support and custody agreements, especially if the children are young at the time of the divorce. A skilled family law attorney can help you make necessary modifications to child support and custody agreements when needed.

FAQs

How Much Does It Cost to File for a Divorce in Lawrenceville?

The cost of filing for a divorce in Lawrenceville depends on several factors. A very simple divorce that doesn’t involve dividing marital property, spousal support, or child custody or support may only cost the amount of the filing fees at the Gwinnett County Courthouse. However, most divorces are significantly more complicated, which can increase court fees, lawyer fees, and costs for mediation or other services.

What Is the First Step in Filing for Divorce in Georgia?

The first step in filing for divorce in Georgia is usually to hire a trusted divorce attorney. From there, your attorney can help you navigate the process, file the necessary paperwork, negotiate with your ex and their attorney, and represent you at trial if necessary, making sure you meet all legal guidelines and your rights are protected in the divorce.

Can You File for Divorce Without a Lawyer in GA?

You can file for divorce without a lawyer in Georgia in some cases. This is only recommended in cases where the divorce is not contested and there is no marital property, spousal support, or child custody or support involved. In most cases, even when a divorce is not contested, you should still seek counsel from a qualified divorce lawyer to make sure both sides are receiving fair treatment.

How Long Do You Have to Be Separated in Georgia Before a Divorce?

In Georgia, you do not have to be separated for a specific period before filing for divorce. The only requirement is that the couple no longer engage in marital relations, and at least one spouse must be a resident of the state of Georgia. However, the court does wait 30 days to schedule a final hearing and finalize a divorce.

Lawrenceville, GA, Divorce Lawyer

For over thirty years, the attorneys at The Fleming Firm have represented individuals in the Lawrenceville area in family law matters. Contact our office today to discuss your divorce case.