Answering Your Divorce Questions
At Daniels & Rothman, we know that divorce is an overwhelming experience. Even if you are certain that severing your marriage bond is the best solution for your marital problems, you probably have questions about the process. We have compiled a list of frequently asked divorce questions that we have heard during our free consultations with prospective clients.
Please read the information below to learn more about Georgia’s divorce laws and the divorce process. Then, contact our family law team to arrange your free consultation.
How long does a divorce take?
The amount of time your divorce takes depends on a variety of factors that includes:
- How both spouses interact
- How quickly you resolve divorce issues, such as division of assets and debt
- Whether children are involved
- How complex your shared property and assets are
Spouses who agree to all terms may be granted a divorce 31 days after filing the necessary paperwork with the appropriate agency. If you and your spouse cannot reach an agreement outside court, a family court judge will need to resolve any unresolved disputes. Litigating divorce disputes can take much longer because the court’s schedule will determine when you can present your case before a judge.
Is it really necessary to hire a divorce attorney if my spouse and I agree on most aspects related to our divorce?
Even if you and your spouse are splitting amicably, it is wise to retain a divorce attorney to review the terms of your divorce agreement. Our firm’s principal family law attorney, Gregory Daniels, has helped thousands of Georgians receive fair property division, custody and support terms. You can rely on him to uncover any deficiencies present in your divorce agreement and identify more favorable solutions. When your family’s long-term welfare is at stake, it is critical to be well-informed.
Will my divorce go to trial?
Although each divorce is different, most spouses do not need to go to trial to resolve divorce disputes. If you and your spouse can agree to terms, you can avoid the expense, time and publicity associated with litigation.
Does it matter which spouse files for divorce?
There are benefits and drawbacks of filing for divorce in Georgia. If you file first, you will be able to choose where your divorce is handled and when the process begins. The ability to select the location of your proceedings can save you time and money if your spouse lives in another state. The spouse who is defending against this action is required to respond in the venue selected by the petitioner.
Filing a divorce petition is not free, so you may want to consider filing expenses before you submit your petition. Engaging in divorce is not easy, whether you file or respond to a petition. We offer divorce planning services so that you are well-informed before you take that first step.
Do I need to move out of my house or apartment if I want to file for divorce?
Unlike other states that do require spouses to live in separate residences before they begin the divorce process, Georgia allows spouses who live together to declare themselves “legally separated.” If you believe that you are separated from your spouse and do not engage in marital relations, you may file for divorce.