What are the legal grounds for divorce in Georgia, and do I have to prove fault?

Georgia allows a no-fault divorce by stating the marriage is irretrievably broken. There are also fault grounds, such as adultery, desertion, and cruelty, but you do not have to prove fault to get divorced.

Do I need to live in Georgia to file for divorce?

Yes. At least one spouse must have been a Georgia resident for the six months before filing.

Where do I file, and what if I’ve already been served?

Cases are generally filed in the Superior Court of the respondent’s county. If you have been served, you typically have 30 days to file an answer. Missing that deadline can lead to default.

How is child custody decided—can a 14-year-old choose?

Courts apply the best interest of the child standard. A child who is 14 or older may express a custodial preference, which is influential but still subject to the child’s best interests.

What does child support cover and how long does it last?

Child support covers essentials such as housing, food, and clothing, and often includes healthcare, uninsured medical expenses, and activities. It generally continues until age 18, or up to age 20 if the child is still in high school, or upon emancipation.

What is alimony in Georgia and who can receive it?

Alimony is support paid to a spouse after divorce based on need and the other spouse’s ability to pay. Courts weigh factors such as the length of the marriage, health, finances, and contributions. A spouse whose adultery or desertion caused the separation is typically barred from receiving alimony.

How are marital assets divided?

Georgia uses equitable division, which means a fair but not necessarily equal split of marital property. Separate property, including assets owned before marriage and certain gifts or inheritances, is usually excluded.

How long does an uncontested divorce take? Do we both need lawyers?

If both spouses agree on all terms, a divorce can be finalized in as little as 31 days after service or acknowledgment of service. Even in uncontested cases, independent counsel for each spouse can help avoid costly mistakes.

Blog - Page 30 of 60 - Kessler & Solomiany, LLC

Family Law

January 7th, 2012

Winning Settlement Strategies

Too often the focus on lawyer education is on how to go to trial.

News

December 14th, 2011

T.O. a Dead-Beat Dad

New York Post NFL free agent Terrell Owens has been simultaneously slapped with court papers by three different women for alleged unpaid child support totaling $35,000. Melanie Paige Smith alleged in a Friday court filing that dad-of-four kids (by four different women) Owens has failed to pay her the $5,000 in monthly support she says […]

Divorce, Family Law, Legal

December 8th, 2011

Holiday Season puts brakes on divorce

Divorce filings always seem to decrease around Christmas time. There may be many reasons, including some that we hear such as wanting to keep the family together for one last holiday, or feeling guilty about filing around Christmas time. It is a nice reprieve and it is always nice to see people really give their […]

American Bar Association, Same Sex Marriage

December 6th, 2011

ABA Family Law Section plans for South Beach Seminar in full swing

There will be family law discussed not only indoors, but pool side and at the beach. Isn’t that better than your conference room?

News

November 23rd, 2011

High-Profile Litigators Advise on High-Profile Cases in Media

By: ABA Now Trying a case within the crucible of the courtroom presents enough challenges for litigators, but the impact on lawyers, clients, witnesses, judges and jurors can be profound when a case attracts a significant amount of media attention. Some of America’s leading litigators and judges shared insights on trying high-profile cases during a […]

Custody, Divorce, Family Law, Legal, Prenuptial Agreement

November 22nd, 2011

CUBA! Family Lawyers trip

the goal is to enhance American and Cuban lawyers knowledge and skills in family law,

Celebrity Cases, Divorce, Family Law, High Profile Cases, Legal

November 19th, 2011

High Profile Clients Programs

I have been very fortunate to have been invited to speak on high profile and high asset divorce recently.

Randy Kessler

November 17th, 2011

Teaching makes us better

I just concluded my twentieth (I think? Maybe 21?) semester of teaching family law at John Marshall Law School in Atlanta. It is so rewarding. While it takes time to prepare and teach (3.5 hours per week of instruction), it feels like I am making a small difference in the students’ lives. Certainly not all […]

News

November 14th, 2011

Where Should You Get Divorced?

By ALAN FARNHAM Let’s suppose, for conversation’s sake, that you’re scheming to divorce your spouse, whom you suspect of cheating (and to whom you’d like to pay not one dime’s worth of alimony). Is there a way for you wiggle out it? Yes. Move to Georgia, where adultery is a bar to alimony. Randall M. […]

Randy Kessler

November 4th, 2011

Pamela

This week, family law attorney, and my boss from 1989-1991, Pamela Tremayne, passed away. Pamela offered me employment when I was a very young lawyer, in my mid-twenties. To work with her was very appealing to me since she was a former teacher, and I had much to learn. Pamela taught me the importance of […]

Kessler & Solomiany, LLC Blog