Douglas County Divorce FAQs

If you’re contemplating filing for divorce in Georgia, you likely have numerous questions about what to expect. The period leading up to a divorce can often be fraught with tension.

For years, Bardley McKnight Law Divorce Lawyers has been advocating for families going through divorce proceedings in Georgia. Our experienced divorce lawyers are dedicated to addressing crucial family law matters for people and families in Douglas County, Georgia.

If you’re considering ending your marriage, having a family law attorney at your side is crucial. We’re here to assist you in reaching satisfactory outcomes for divorce-related concerns such as the distribution of assets, custody of children, child support, and spousal support.

Below are answers to some of the most common questions our clients ask. For more information, contact the office of Bardley McKnight Law Divorce Lawyers to schedule a consultation with a divorce and family law attorney in Douglas County at (470) 308-5409.

Table of Contents

What Is the Process for Obtaining a Divorce in Georgia?

Before initiating the divorce proceedings, securing the expertise of a family law attorney with a focus on divorce and knowledge of Georgia’s divorce laws is crucial.

Although each case is unique, the general procedure for securing a divorce in Georgia typically involves the following steps:

First, you need to satisfy Georgia’s six-month residency requirement to file a divorce petition. This petition is a formal document submitted to the court detailing the reasons for your divorce request and the outcomes you wish the court to authorize. Potential issues mentioned in the petition can include child custody, child support, and asset division.
After filing the petition, it must be officially delivered to your spouse, often involving a process server like a sheriff. Your spouse is then given thirty days to issue a response.
If your spouse decides against responding to the petition within the 30-day timeframe, the divorce is deemed “default.”

Keep in mind that court requirements vary, which means it’s essential to engage an attorney who is not only experienced in this field but is also well-acquainted with the specific demands of each court.

What Is the Difference Between a Contested Divorce and an Uncontested Divorce?

A contested divorce is characterized by:

Disagreement between you and your spouse on at least one aspect of the divorce
The necessity for the court to resolve any issues that you and your spouse cannot agree upon
Typically, a contested divorce will require more time and money than an uncontested divorce due to the need to evaluate the issue(s) in question

On the other hand, an uncontested divorce is defined by:

Mutual agreement between you and your spouse on all aspects of the divorce
A generally quicker and more streamlined process
Lower costs

Regardless of whether your divorce is contested or uncontested, legal procedures must be followed.

Engaging a seasoned Georgia divorce attorney can lessen the stress, allowing you to focus on moving forward with your life.

What Are the Grounds for Divorce in Georgia?

Residents of Georgia have the option to initiate divorce proceedings based on a number of grounds. Opting to file for divorce on the basis that the marriage is “irretrievably broken” categorizes it as a no-fault divorce.

Alternatively, Georgia law specifies a variety of fault-based reasons for divorce:

Marriage between individuals who are closely related
Mental incapacity at the time of marriage
Impotency
Marriage obtained through force or fraud
The wife being pregnant by another man at the time of the marriage, unknown to the husband
Adultery
Desertion or abandonment
Conviction of a crime with a penalty of two years or more in prison
Habitual intoxication
Chronic drug use
Cruelty or abuse
Incurable mental illness

For divorces attributed to fault, it’s necessary to demonstrate that misconduct by one party was the catalyst for the dissolution of the marriage.

How Is Child Custody Determined in Georgia?

In Georgia, there are two types of child custody: physical and legal custody.

Physical custody is granted to the parent with whom the child resides, while legal custody allows a parent to make significant decisions (such as legal, medical, or religious) on behalf of the child.

Under Georgia law, custody decisions must be made in the child’s best interests, focusing on arrangements that will most benefit the child’s future.

Factors that a judge will consider when making custody decisions include:

Each parent’s home environment
The mental and physical health of each parent
Any history of drug or alcohol abuse
The financial situation of each parent
Any criminal records of the parents
Any history of child abuse
The level of each parent’s involvement and understanding of the child’s needs and daily activities
The stability of each parent
The emotional connection between the child and each parent

Georgia courts require parents undergoing divorce to present a parenting plan that outlines the management of the child’s time and needs.

Furthermore, children aged 11 or older may express their living preference to the court, although the court is not obligated to follow the child’s preference.

Contact a Douglas County Divorce Lawyer for More Information

Considering a divorce? Securing a skilled divorce attorney can have a positive influence on the outcome of your divorce settlement. At Bardley McKnight Law Divorce Lawyers, our team of divorce lawyers in Douglas County is committed to defending your rights and striving for a favorable resolution to your family law matter.