Smyrna Divorce Attorneys
Marriage is a mutual relationship, and when difficulties and differences arise, your goal may be to seek as peaceful of a resolution as possible. Unfortunately, some differences turn out not to be reconcilable, whether for you, for your spouse, or for both partners. Divorces are stressful for both parties, whether you desire to exit a partnership that’s not working for you or your spouse desires to cut the ties of marriage. However, you or they may feel this last resort is the only option.
If you’re in Smyrna and dealing with a divorce matter, the Metro Atlanta divorce attorneys of Kessler & Solomiany, LLC are ready to guide you with empathy and professionalism. We focus on family law and stay up to date on Georgia’s current divorce, separation, and annulment procedures. Our fifteen lawyers support clients as they file paperwork, negotiate the division of marital funds and property, and seek the best possible continued relationship with their minor children.
Kessler & Solomiany, LLC works with three types of divorce cases. Each type of divorce has a different legal process that governs it. Because of this, each requires unique strategies and preparations for an optimum outcome. We have years of experience with each type and will use what we’ve learned over the years to fight for you. The types of divorce we can help you with include:
- Collaborative divorce – Couples who mutually choose to part ways, who can arrive at an amicable solution together, or who prefer not to deal with the court system can enter a collaborative divorce. In this process, both partners and their attorneys will work together to negotiate a settlement agreement before filing any court papers. If a judge signs the agreement, the divorce is finalized.
- Uncontested divorce – In an uncontested divorce, only one spouse will file divorce papers, and the other will decide to agree to all terms. Unlike a collaborative divorce, court hearings have a more significant role in an uncontested divorce. A judge can ask the filing party questions about the agreement and make amendments if necessary.
- Contested divorce – In a contested divorce, one spouse will file divorce papers, and the other will choose to challenge some or all the agreement terms. Commonly, a spouse will disagree on issues of who gets what marital property, who gets custody of children, what child visitations will look like, and what spousal support may be required.
Grounds for Your Divorce
Georgia law dictates that couples cannot divorce without a reason for the split. If one of the spouses claims one of the legal reasons, called grounds, and offers evidence for their claims, then the court will consider the grounds in determining whether to grant a divorce order.
Georgia has thirteen legal grounds for divorce, including:
- Adultery – If one spouse has an illicit sexual affair and the other spouse did not know or agree to the affair, then the court may consider granting a divorce order.
- Physical or mental abuse – If one spouse was physically or mentally abusive to the other, the court might allow divorce on the grounds of cruel treatment.
- Mental incapacity – If the marriage was solemnized while one of the spouses was not of sound mind, the court might consider granting a divorce. This includes circumstances such as a spouse being intoxicated or having symptoms of a mental health problem during the wedding itself.
- Impotency – If the husband was impotent at the time of the marriage, or if his spouse was not aware of impotency before the marriage, the wife may have grounds for divorce.
- Intermarriage – If the spouses are within the same or close bloodline, thereby constituting incest, they might have grounds for divorce.
- Pregnancy by another father – If the wife was pregnant before the marriage, there may be grounds for divorce. The husband must not be the child’s father, and he must not have known of the pregnancy before the wedding.
- Habitual drug addiction or intoxication – If one of the spouses abuses alcohol, illegal drugs, or prescription medications and does not seek treatment or rehabilitation to break these damaging habits, the court may allow the other party to obtain a divorce.
- Conviction of a crime – If one of the spouses is convicted of a crime of moral turpitude, the other may have grounds for divorce. “Moral turpitude” refers to a criminal act that a reasonable person would find particularly offensive or depraved. The spouse must be sentenced to at least two years in a correctional institution for the filing spouse to use this as grounds.
- Incurably mentally ill – If two medical professionals agree that one of the spouses has a mental illness, and if the spouse has previously been committed to a psychiatric institution, there may be grounds for divorce.
- Desertion – If one of the spouses leaves the marriage behind for at least one year and does not intend to stay married, the other may have grounds for divorce.
- Force, fraud, or deception – If one of the spouses alleges they were manipulated into marrying the other, they might have grounds for divorce.
- Irreconcilable differences – Otherwise known as “no-fault divorces” or divorces because the marriage was “irretrievably broken,” these occur when a couple determines they cannot save their marriage and no other faults are present.
Why Should I Consult a Family Lawyer?
Divorce can be a lengthy process. There are discovery procedures where the spouses must gather detailed information about each other’s finances and property, whether by means of simple requests, subpoenas, or depositions under oath. You may face complex, heated negotiations that require robust and faithful representation. If you have children, you will want to find a way to maximize your role in their lives. Finally, you may face a court battle if the divorce becomes contested.
In addition to divorce, Kessler & Solomiany, LLC is skilled in handling the following issues:
- Child custody and visitation
- Child support
- Spousal support
- Pre and Postnuptial agreements
- Paternity and legitimation
- Protective and restraining orders
- Grandparent and third-party custody and visitation
- Contempt actions
For over 20 years, our team has used its deep knowledge, dedication, and firm, faithful approach to help clients in Smyrna and across Georgia pursue a successful outcome after marriage. Our experience includes various high-profile cases, and our partners include adjunct law professors, journal editors, and former state bar officials. Call our office today at (404) 688-8810 for an initial consultation and learn how we can assist you.