In this article, you can discover:
- Filing for divorce first in Georgia can provide an advantage, particularly in obtaining temporary custody and living in the marital home during the process.
- Couples who cannot agree on issues during a divorce may need to go to trial, where the judge decides the outcome.
- In Georgia, spousal support or alimony is available to either party, but the amount awarded varies by county and is determined by the judge based on factors such as income, assets, and length of the marriage.
Is There Any Benefit To Filing For Divorce Before Your Spouse In Georgia?
Yes, there are benefits to filing for divorce before your spouse in Georgia. For instance, if you have children, you may be able to obtain temporary custody. Additionally, if you want to live in the marital home during the divorce process, filing first increases your chances of being granted that request. While the other party can contest your request, by filing first, the burden is on them to show why you shouldn’t be granted your request. This can give you an edge in the proceedings.
What Effect Does It Have On The Process If The Divorce Is Contested In Georgia?
If a divorce is contested in Georgia, it means that the parties cannot agree on one or more issues. In this case, the parties may try mediation, but if they still cannot come to an agreement, a trial may be necessary.
During the trial, each party presents evidence, and the judge ultimately decides how to resolve the issues in dispute. This can result in a decision that neither party is satisfied with, such as the sale of the marital home and splitting the proceeds. It is generally better for parties to reach an agreement rather than leaving it up to the judge to decide.
What Are The Available Options For Couples In Georgia Who Have Decided To Proceed With A Divorce?
When a couple decides to proceed with a divorce in Georgia, they have several options. If they have an agreement about how to divide their assets and handle child custody, they can simply go to court and have the agreement put on the record. If they cannot agree, they must go to mediation before the divorce can proceed.
After mediation, if they have an agreement, they can have it put on the record in court. If they do not have an agreement, they may engage in discovery to gather evidence, and then proceed to trial where the judge will decide the unresolved issues.
What Are The Steps And Timeline That Follow After One Party Files For Divorce In Georgia?
The timeline and steps that follow after one party files for divorce in Georgia depend on whether the parties can reach an agreement. If they can, they wait the 31-day waiting period and go to court to have the agreement put on the record.
If the divorce is contested, it can take months or even years, especially if there are assets or custody issues involved. The parties may need a special set hearing date, and discovery may be necessary. The timeline varies by county, with some being able to schedule court dates quickly, while others may have a longer wait time.
Does Georgia Recognize Alimony Or Spousal Support Awards In A Divorce Case?
Yes, Georgia recognizes alimony or spousal support awards in a divorce case. Either party may receive spousal support, but it is typically the party with lower income. The court considers the length of the marriage, each party’s income and assets, and whether one party is disabled. Adultery by one party may be a bar to spousal support.
How Is The Amount Of Spousal Support Or Alimony Determined In Different Counties In Georgia?
The amount of spousal support or alimony is determined by the judge and varies by county in Georgia. The judge considers the same factors statewide, such as the length of the marriage, income and assets of each party, and the parties’ behavior. However, different judges may come to different conclusions based on their interpretation of these factors. There is no set formula for determining spousal support or alimony as there is for child support.
For more information on Filing For Divorce In The State Of Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (706) 287-5152 today.