Atlanta Divorce Lawyers

Don't You Want The Best Divorce Lawyers?​

Without the best Atlanta divorce lawyers, you risk:

  • Losing Custody Of Your Children
  • Losing Assets That Are Rightfully Yours
  • Losing Alimony That You Deserve
  • Getting Stuck With Debts That Aren’t Yours
  • Paying Too Much In Child Support

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You Stand To Lose Everything In Your Atlanta Divorce

Hiring the wrong divorce attorney in Atlanta means you lose things that are important to you. ​

Are you looking for the best Atlanta divorce lawyers for your situation?

Do you dread talking to a Atlanta divorce lawyers who is going to waste your time? One who is going to charge you $300 per hour for every email they send you? One who will just forget about your divorce until you reach out to them and ask about it – just to get an, “Oh yeah, we’re working on it.”

Your divorce is a big deal. In fact, I’m sure it feels like your life is crumbling around you. But that’s why we wanted to become divorce attorneys – to help guide people through such difficult times so that they can come out of a tough situation in a BETTER position.

To most Atlanta divorce lawyers, you’re just going to be another manila folder – forgotten in a pile of hundreds of other manila folder divorce cases.

At the Hive Law, we focus on virtual divorces using Google Meet. (Don’t have Gmail – don’t worry. It works for everyone.)

Best Divorce Attorney In Atlanta

Hiring the best Atlanta divorce law group can mean the difference between:

  • saving or losing tens of thousands of dollars
  • getting the alimony you deserve
  • getting the child support you deserve
  • not losing child custody

It can also mean that you’re not overpaying for alimony or child support.

Experienced divorce attorneys in Atlanta know how to navigate the divorce laws in Georgia.

This means that you don’t get dragged through the mud when filing for divorce in Georgia.

Related: Divorce Statistics

Table of Contents

We have packed a broad overview of what filing for divorce in Georgia looks like into this article.

We have linked out to multiple resources so that you can learn more about each topic.

Click on any of the links below to navigate to a certain topic or just keep scrolling.

  1. Filing for Divorce in Georgia
  2. Georgia Divorce Laws
  3. Where to File for Divorce in Atlanta
  4. Cost of Divorce in Georgia
  5. Grounds for Divorce in Georgia
  6. Georgia Residency Requirements
  7. Types of Divorce in Georgia
  8. Legal Separation in Georgia
  9. Annulment in Georgia
  10. Alimony in Georgia
  11. Child Custody Georgia

Filing for Divorce in Georgia

f you are working with a divorce lawyer in Atlanta, they will be filing for divorce for you.

They will make sure that all the divorce forms get filled out correctly.

They will also file them for you at the correct Superior Court.

When filing for divorce in Georgia, your divorce attorney is going to have your spouse served the divorce papers too.

After this, they will complete the proof of service that is required when filing for divorce.

Related: Who Cheats More Men Or Women?

Divorce Process In Georgia

The divorce process in Georgia looks like this:

  1. Legal separation in Georgia
  2. Hire a divorce lawyer in Atlanta
  3. Petition for Divorce:
    • Fill out the Petition for Divorce
    • File it at your local Superior Court
    • Serve your spouse with the Petition for Divorce
  4. Schedule a hearing for temporary divorce orders
  5. Divorce discovery – finding assets, debts, incomes, and expenses
  6. Attend divorce mediation
  7. Go to divorce courts
  8. Appeal the divorce court order if desired

Using Atlanta Divorce Lawyers To File

The divorce process in Georgia can get pretty overwhelming.

Your Atlanta divorce lawyers will be able to walk you through ALL of these steps fairly easily.

Just fill out one of the forms on this page to get a free divorce consultation with one of our divorce lawyers in Atlanta.

Georgia Divorce Laws - Divorce Laws in Georgia - Divorce Law Firm - Divorce Lawyers in Atlanta Georgia

Georgia Divorce Laws

Georgia divorce laws are pretty straight forward.

There are only two main divorce laws in Georgia that you need to know about before filing.

Main Divorce Laws in Georgia

The main divorce laws are:

  • the Georgia residency requirements
  • Georgia divorce waiting period

To get a divorce in Georgia, one of the spouses has to be a resident of the state.

The residency requirements in Georgia is that the person has lived in Georgia for 6 months.

The waiting period for divorce in Georgia is 30 days.

Divorces will not be granted in less than 30 days after the divorce papers have been served.

Common-Law Marriage in Georgia

A common law marriage in Georgia is one in which the couple lives together for a period of time in Georgia.

They hold themselves out to friends, family, and the community as “being married.”

But without ever going through a formal ceremony or getting a marriage license.

Common law marriages in Georgia were abolished on January 1, 1997.

According to O.C.G.A. § 19-3-1.1, “No common-law marriage shall be entered into in this state on or after January 1, 1997.

Otherwise valid common-law marriages entered into prior to January 1, 1997shall not be affected by this Code section and shall continue to be recognized in this state.”

Is Georgia A Community Property State?

If you’re wondering, “Is Georgia a community property state?

It is not a community property state

Georgia is an equitable distribution state.

In a community property state, there is an absolute 50/50 split of all property acquired during the marriage.

Equitable distribution divides property fairly, which is not always 50/50.

Related: What Is The Average Length Of Marriage In The US

Hiring a Knowledgeable Divorce Lawyer in Atlanta

Divorce attorneys in Atlanta should know the divorce laws like the back of their hand.

But more importantly, divorce lawyers in Atlanta should know EXACTLY how to use the divorce laws in your favor.

These divorce law firms will know how to get their clients everything that they deserve.

They also know how to handle child custody, alimony, property division, and child support.

Where to File for Divorce in Atlanta

When you are filing for divorce in Georgia, you will file at your local Superior Court.

If you’re living in Atlanta, you will file for divorce at one of the Atlanta Superior Courts.

Filing With Atlanta Divorce Lawyers

Sometimes couples fill out their divorce papers wrong.

When this happens, the judge will throw the case out and make you file for divorce all over again.

Hiring a divorce attorney in Atlanta when filing for divorce makes things go smoother.

They will make sure:

  • everything is filled out properly
  • nothing is missing when you file for divorce
  • that you have scheduled all of your hearings

Cost of Divorce in Georgia

The cost of divorce in Georgia depends on the type of divorce that you have.

For the costs of divorce in Georgia, your options are:

  • Filing for divorce with a Poverty Affidavit: $0
  • Filing for divorce on your own: $600
  • Having an attorney review your DIY divorce papers: $1,200
  • Cost of Uncontested divorce in Georgia: $4,100
  • No-fault divorce in Georgia: $10,600
  • Cost of Contested divorce in Georgia: $20,400

Without A Divorce Attorney in Atlanta

Having a divorce without a divorce attorney in Atlanta can save you thousands on the surface.

But if you:

  • file your divorce papers wrong
  • negotiate incorrectly
  • show up to court unprepared

Then you have a higher chance of:

  • losing custody of your children
  • not getting alimony
  • not getting enough child support
  • losing your fair share of the marital property

In the long run, saving $4,000 by NOT hiring the best divorce lawyers in Atlanta can cost you tens of thousands of dollars.

The Top Law Firms in Atlanta

When you hire the top law firm in Atlanta, you can rest assured that you will get what you deserve.

We have experience fighting for our clients’:

  • child custody
  • child support
  • alimony
  • property

When you hire cheap divorce lawyers in Atlanta, you get cheap service.

When your spouse hires the best Atlanta divorce law group, you don’t want to leave things up to chance by hiring a terrible lawyer.

Sign up with the form for a free divorce consultation.

Grounds for Divorce in Georgia - Divorce Lawyer in Atlanta - Adultery in Georgia - Divorce Abandonment

Grounds for Divorce in Georgia

The 13 grounds for divorce in Georgia are as follows:

  1. The marriage is irreparable.
  2. Being too closely related (cousins).
  3. Impotency or inability to have kids.
  4. The mental capacity of your spouse.
  5. Forced or fraudulent marriage.
  6. Wife getting pregnant by another man.
  7. One of the spouses were cheating (adultery).
  8. Desertion, meaning the spouse left the house over a year ago.
  9. 2+ year prison sentence.
  10. Addiction to drugs.
  11. Addiction to alcohol.
  12. Abuse and cruel treatment.
  13. Incurable mental illnesses.

For any of these 13 grounds for divorce in Georgia, you must be able to prove the conduct or fault.

Divorce Abandonment

Divorce abandonment (divorce desertion) is one of the 13 grounds for divorce in Georgia.

Divorce abandonment is when one spouse leaves the other without consent.

Consent in divorce abandonment means the person left without communication or warning.

Adultery in Georgia

Adultery in Georgia is when a married person having sex with someone other than their spouse.

Adultery in Georgia is considered a misdemeanor offense.

To prove adultery in Georgia, there needs to be hard evidence.

This includes things like:

  • photos
  • recordings
  • phone records
  • bank statements
  • credit card statements
  • witnesses

In Georgia, you don’t have to prove that the other spouse had sex.

You have to prove that your spouse had the opportunity and intention to have sex.

Proving adultery in Georgia at your court hearing can be complex.

You need to have a clear understanding of the legal rules of evidence and trial procedure.

They also need to fully understand the adultery laws in Georgia.

Most people are not able to do this on their own.

Reach out to an Atlanta divorce lawyer for a free consultation to see how to proceed.

Is Adultery Illegal in Georgia

Adultery is illegal in Georgia.

If a married person is convicted of adultery in Georgia, they can be charged with a misdemeanor.

Adultery Laws in Georgia

Per the adultery laws in Georgia, the person who committed adultery is barred from receiving alimony.

But adultery alone is not enough to NOT get alimony in Georgia.

The adultery has to be the grounds for divorce in Georgia.

Let’s say one spouse committed adultery.

But the other spouse forgave them and continued to live with them.

In this case, the spouse committing adultery can still receive alimony.

For adultery to eliminate alimony, the spouse must file for divorce on the grounds of adultery.

And the divorce has to be granted on the grounds of adultery.

Hiring an Atlanta divorce lawyer is the best way to make sure that you file for divorce correctly.

And they can guide you through the alimony laws in Georgia.

Being Open With Your Atlanta Divorce Lawyers

Your Atlanta divorce lawyer is fighting for you.

You want to make sure that you are open with the divorce lawyers in Atlanta that you hire.

Whether you are being honest about what your spouse did to you or what you did to them.

They need to know how to navigate your divorce in Georgia so that it goes smoothly.

Georgia Residency Requirements

To file for divorce, there are Georgia residency requirements.

To get a divorce in Georgia, one spouse has to be a Georgia resident.

Georgia Residency Rules

Divorce laws in Georgia make the resident file for divorce.

To be a resident in Georgia, you have to have lived here for at least 6 months.

Uncontested Divorce in Georgia - Contested Divorce in Georgia - Atlanta Divorce Attorney

Types of Divorce in Georgia

There are two main types of divorces in Georgia.

Those are uncontested divorce and contested divorce.

Uncontested Divorce in Georgia

For an uncontested divorce in Georgia, spouses must have resolved all of their marital issues.

This means that they have reached agreements on things like:

  • child custody
  • child support
  • child visitation
  • alimony
  • marital property
  • marital debts

To file for an uncontested divorce in Georgia, you and your spouse should fill out the divorce paperwork together.

For an uncontested divorce in Georgia, begin by filling out a Petition for Divorce.

You will also need to fill out a Georgia divorce settlement agreement, which outlines the property settlement.

These documents are filed at your local Superior Court.

At your court hearing, the judge will make sure that everything is in order.

After the judge approves, you will get your Final Judgement and Decree of Divorce.

Hiring an Atlanta divorce lawyer is a good idea just to have them handle the divorce process.

But note that it might make your spouse suspicious and have them get another divorce lawyer in Atlanta involved.

Just make sure that if you hire an Atlanta divorce law group that you have discussed it with your spouse.

Otherwise, an uncontested divorce can turn into a contested divorce in Georgia.

Contested Divorce in Georgia

Contested divorce in Georgia is where spouses cannot agree on the major issues outlined above.

It’s important to hire a divorce attorney in Atlanta for a contested divorce.

They will be able to:

  • negotiate for you with the judge and your spouse’s lawyer
  • represent you in trial
  • cross-examine the witnesses
  • present closing arguments

What is Legal Separation in Georgia - Divorce Attorneys in Atlanta - Atlanta GA Divorce Lawyer

Legal Separation in Georgia

Legal separation in Georgia means the spouses no longer have marital relations.

Legal separation has no time frame in Georgia.

Two people can be legally separated even if they live in the same house.

To be legally separated in Georgia, they cannot share the same room or have sexual relations.

Contested Divorce in Georgia

Legal separation is an alternative to divorce.

The legal separation gets used when people no longer want to be together, but don’t want to get a divorce.

Some people have religious or personal beliefs that don’t allow them to get divorced.

Legal separation allows these spouses to remain married, but live separate lives.

Some people use legal separation in Georgia as the first step to divorce.

Contested Divorce in Georgia

To become legally separated, you will be filing for legal separation.

You have to file for legal separation by filing a petition in your local Superior Court.

Rather than being ‘the first step to divorce,’ legal separation in Georgia is a process by itself.

Legal separation takes roughly 8-10 months and costs about as much as a divorce in Georgia.

Both legal separation and divorce include many of the same processes.

Both deal with:

  • child custody
  • child visitation
  • child support
  • alimony
  • marital property

All the marital property and debts become permanently divided.

So, what’s the difference?

With a legal separation, you are still married.

And the wife may not change her name back to her maiden name.

Annulment in Georgia - Best Divorce Attorney in Atlanta - Divorce Attorney Atlanta Free Consultation

Annulment in Georgia

What is an annulment?

An annulment in Georgia is a legal process that cancels a marriage.

An annulled marriage gets erased from existence.

Legally, the marriage never happened and was never valid.

Annulments in Georgia are hard to get.

The courts disfavor spouses getting an annulment.

Wondering how to get an annulment in Georgia?

You will need a divorce attorney in Atlanta Georgia to help you create a case for annulment.

Alimony in Georgia - Spousal Support in Georgia - Best Divorce Lawyers In Atlanta

Alimony in Georgia

According to the divorce laws, alimony in Georgia gets awarded based on:

  • the needs of the spouse asking for alimony
  • the other spouse’s ability to afford alimony
  • how each spouse has treated each other during the marriage

Spousal Support in Georgia

Spousal support in Georgia gets voided if the spouse asking for alimony committed adultery.

In Georgia, alimony ends if the spouse receiving it gets remarried.

Spousal support in Georgia gets based on the following things:

  • the standard of living during the marriage
  • the length of the marriage
  • the spouses’ age
  • the spouses’ physical and emotional condition
  • the spouses’ finances
  • employment training or education required
  • each spouses’ contribution to the marriage

Child Custody Georgia - Child Custody Laws in Georgia - Divorce Lawyers in Atlanta GA

Child Custody Georgia

For minor children, the judges make the decisions on child custody in Georgia.

This includes the visitation schedule and how decisions will be made for the child.

In other words, they are determining physical and legal custody for the child.

You will have to provide the judge with a parenting plan.

But that’s only if you and your ex can decide, and agree on, a parenting plan.

If you cannot come to an agreement, you will submit your desired parenting plans.

Each parent will lay out what they want to do about:

  • the visitation schedule for each day of the year
  • how the child will be exchanged
  • how decisions will be made by the parents
  • who has access to the child’s records and information (usually both)
  • who makes the emergency decisions

When determining child custody in Georgia, the judge makes decisions based on what’s in the best interest of the child.

They look at some of the following things for child custody:

  • the home environment the parent can provide
  • the parent’s mental and physical health
  • the parent’s involvement in the child’s extracurriculars
  • the parent’s criminal history
  • substance abuse by either parent
  • how willingly the parent fosters the child’s relationship with the other parent

If you are divorcing with children, it’s a good idea to hire a child custody lawyer in Georgia.

These divorce lawyers will have the most experience with NOT losing child custody.

They also know how to work the child support laws in Georgia so that you don’t overpay.

Child Custody Laws in Georgia

Under the child custody laws in Georgia, both parent are equally favored.

Georgia’s child custody laws do not favor the mother over the father.

The two types of child custody that Georgia awards are physical and legal child custody.

Legal child custody refers to who makes the major decisions for the child.

Physical child custody refers to who the child primarily lives with.

Get Your Divorce Attorney Atlanta FREE Consultation

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This means that you don’t wrongfully lose custody of your children.

We also make sure that your divorce judgment is equitable and fair.

This means you don’t get raked over the coals financially.

After you fill out the form below, we will set up your free consultation.

Talk soon.

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We have the best divorce attorneys in Atlanta, Georgia and the surrounding zip codes, such as:

Major cities that we serve in Fulton County: Alpharetta, Atlanta, Johns Creek, Roswell, Sandy Springs, Milton, College Park, Fairburn, Union City.

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