Divorce is not often an event that people want to experience. Divorce can be traumatic, stressful, and overwhelming. It can also give couples a sense of relief. Once your divorce is finalized, your life in Cobb County, GA, will be different.
Regardless of why you decide to divorce, you need an experienced Cobb County divorce lawyer who can protect your assets, your children, and your future. Our team at Bardley McKnight Law is here to help you develop realistic solutions to resolve contested issues.
We have over 40 years of combined experience in divorce and family law. We’re here to handle the legal issues, fiercely protect your best interests, and help you move forward. Contact our law offices in Cobb County, Georgia, at (470) 308-5409 to schedule a consultation with a lawyer who can help.
How Can Bardley McKnight Law Help With My Divorce Case in Cobb County, GA?
Separating from a spouse can be incredibly emotional. Your family’s routine may be fundamentally changed. Most divorcing spouses are handling complex issues. Still, it’s critical to understand your legal rights and take steps to protect your interests.
When you hire Bardley McKnight Law, you’ll have an experienced Cobb County family lawyer to help you through the entire process. Our compassionate attorneys have seen it all–and we’re well-prepared to protect you.
Choosing our team gives you a lawyer who will:
- Provide personalized support and attention at every stage of the divorce process
- Protect your interests at every turn
- Make sure you understand your legal rights and options
- Offer insight into how decisions you make today can impact your family’s future
- Suggest strategies to help your family reach a fair agreement on complex issues
- Ensure the terms of your divorce settlement agreement are fair
- Advocate for you at all court hearings and settlement negotiations
Our Cobb County family law attorneys are here for you today, and we’ll be here for you in the future. For more information, contact us today to schedule a time to speak with our lawyers.
Overview of Georgia’s Divorce Laws
Getting a divorce in Georgia can be a simple process. It can also be lengthy and complicated when the divorce is contested–especially when children are involved.
All divorcing couples in Georgia must resolve certain issues before their divorce can be finalized.
Those issues will typically include:
- Division of marital property
- Alimony (spousal support)
- Child custody, visitation, and parenting time
- Child support
Every situation is different. Some couples are able to resolve their issues relatively easily. Others require mediation or arbitration to reach an agreement. It’s also possible that divorce litigation will be necessary.
Our lawyers often begin with mediation. By engaging neutral third-party lawyers, many couples are able to reach an agreement without resorting to court intervention. We also have the resources to bring in specialists to help resolve the most complicated issues.
It’s never too early to seek legal representation. If you’re considering divorce, call our lawyers today to discuss your family law issues in detail.
What Are the Initial Requirements for Obtaining a Divorce in Georgia?
Under Georgia law, to file for divorce in Cobb County, either you or your spouse must have resided in the county for at least six months. If your spouse lives in another state, you can still file for divorce in Georgia once you’ve been a resident for six months. Usually, the state where the divorce complaint is first filed has jurisdiction.
After you satisfy the state residency requirements, you’ll begin the divorce process. Our lawyers will prepare a petition for divorce. If your spouse has already served you with a divorce complaint, we’ll help you respond.
The petition for divorce contains basic information, including:
- Why you’re filing for divorce
- Issues that you would like the Cobb County Superior Court to resolve
- The specific outcome that you would like the court to reach
After one spouse files the divorce petition, a 30-day waiting period begins. The spouse who received the petition has 30 days to respond before the divorce can be granted. If the spouse doesn’t respond, the divorce is considered uncontested, and you can request a default judgment from the family law judge.
Can I Get a No-Fault Divorce in Cobb County?
Yes. Most couples state that the marriage is “irretrievably broken” as their grounds for divorce. This is known as a no-fault divorce.
It’s also possible to obtain a fault-based divorce. While spouses often prefer no-fault divorces because they tend to be faster and less expensive, there may be valid reasons for seeking a fault-based divorce.
The grounds for fault-based divorce in Georgia include:
- Your spouse abandoned you for at least one year
- Mental incapacity at the time of the marriage
- Impotence at the time of the marriage
- Fraud or duress in obtaining the marriage
- Pregnancy of the wife by a man other than the husband at the time of the marriage
- Cruelty or abuse
- Conviction of a crime involving moral turpitude resulting in a prison sentence of at least two years
- Alcoholism or habitual drug addiction
- Incurable mental illness
Seeking a fault-based divorce can have serious consequences. If one spouse can prove that the other committed adultery or deserted them, the courts are prohibited from awarding spousal support to the at-fault spouse. The judge will consider evidence about each spouse’s conduct toward the other when determining whether to award alimony in other cases.
Establishing fault can also impact property division orders. It’s possible that the judge could use evidence of adultery, fraud, or abuse, for example, in deciding to award a greater proportion of the marital assets to the wronged spouse.
What Are the Differences Between Contested and Uncontested Divorce?
In an uncontested divorce, you and your spouse reach an agreement on all relevant issues without court involvement. In contested divorces, you’ll ask the family court to resolve points of disagreement.
The benefits of an uncontested divorce are:
- The spouses make important decisions that will impact your family
- The process is faster and less stressful for children
- Uncontested divorces tend to be less expensive
- Your privacy is protected, as court orders become matters of public record
- It’s often possible to maintain civility and reduce feelings of anger and resentment
Your divorce can begin as contested and end up being uncontested. With an experienced attorney by your side, you can resolve even the most hotly-contested issues.
On the other hand, you might initially think that you agree to the terms of your divorce and wind up in litigation.
Regardless of your situation, our lawyers are here to help in any way we can. Our team includes skilled mediators who can help you identify the issues that are most important–and reach a workable compromise that protects your interests.
How Will My Family’s Assets Be Divided After the Divorce?
Georgia is an equitable distribution state. When it comes to dividing the marital property, courts aren’t required to attempt a 50-50 split. Instead, they search for a fair and equitable solution.
All assets and debts that were acquired or incurred during the marriage are classified as marital property. Property that either spouse brought into the marriage is considered separate property and is not subject to division. Gifts and inheritances are also typically characterized as separate property.
Courts in Georgia consider many factors when deciding how to divide marital assets, including:
- Each spouse’s financial status, considering earnings during the marriage and earning capacity
- The length of the marriage
- The character of any separate property retained by either spouse
- Any prenuptial or postnuptial agreements that address asset division
- Evidence of misconduct that results in wasting of assets by either spouse
- Each spouse’s behavior during the divorce process
- The future needs of each spouse
The equitable division rules are only relevant if the spouses cannot reach a solution without court intervention. It’s entirely possible that our Cobb County divorce attorneys will be able to help you reach a fair agreement with your spouse.
Whether the issue is contested or uncontested, it’s important to have an experienced attorney who can protect you. Our lawyers at Bardley McKnight Law are here to make sure you understand your legal rights. We’ll do everything possible to protect your future, so call for a confidential consultation today.
We Handle All Types of Divorce Cases in Cobb County
While all divorces begin in the same manner, each can present its own unique complications.
At Bardley McKnight Law, we handle all types of family law cases, including:
- Contested divorces
- Uncontested divorces
- High-net-worth divorces
- Military divorces
- Collaborative divorces
- LGBTQ divorces
- Gray divorces
- Legal separations
- Divorces involving domestic violence
- Child custody and child support issues
- Prenuptial agreements
- Post-divorce modifications of court orders
We’ve been serving clients for decades. If you’re considering divorce or have already been served with divorce papers, call our law firm to learn more about our legal services today.
Contact an Experienced Cobb County Divorce Lawyers To Arrange a Consultation Today
Divorce proceedings are difficult even under the best circumstances. Our lawyers at Bardley McKnight Law are here to help you move forward with strength and confidence. Call us today or contact us online to arrange a consultation with an experienced Cobb County divorce lawyer.