Atlanta Divorce Lawyer: The Chouhan Law Firm, LLC

The dissolution of a marriage is usually difficult, but the right one can help. When you need an Atlanta Divorce Lawyer, contact The Chouhan Law Firm, LLC.

Atlanta Divorce Lawyer title

Atlanta Divorce Attorney

It is an unfortunate statistic that many marriages end in divorce. Even couples who want to separate amicably often require the assistance of an impartial party to divide their marital property or navigate emotional issues such as child custody and support.

Divorces typically involve a lot of legal considerations that are best left to a professional. A family law attorney in Atlanta could advise you on things like prenuptial or antenuptial agreements, child custody, property division, and more.

A divorce attorney practicing family law can help you navigate the complexities of separation and divorce.

Types of Divorce in Atlanta, GA

Divorce is the legal dissolution of a marriage. Different types of divorce can be filed in Georgia depending on the situation: Contested and Uncontested Divorce.

A contested divorce is when both parties do not agree on the terms of their divorce, such as child custody, property, debts, alimony, etc. An uncontested divorce is when both parties are in the process of divorce and mutually agree on all terms.

 

Georgia No-Fault Divorces

In Georgia, thirteen independent grounds are claimed for divorce, twelve of which are considered fault grounds. However, the thirteenth ground is considered to be a no-fault ground.

A no-fault divorce in Georgia is a legal process in which one spouse can get a divorce without proving that the other spouse did anything wrong but that the marriage is irretrievably broken and claims that there are irreconcilable differences.

 

Georgia Uncontested Divorce 

A Georgia uncontested divorce allows couples to avoid some of the more complicated aspects of a traditional Georgia divorce by agreeing on all terms. However, it depends on the judge and county if they require the parties to come to court for the finalization of the agreement or not.

 

Georgia Legal Separation

Legal separation is a court order that legally separates the spouses but does not end the marriage. A legal separation simply signifies that the couple no longer has a marital relationship.

Legal separation is not recognized in the State of Georgia; however, the parties can request a separate maintenance order. A separate maintenance order will allow the court to decide how many issues related to the marriage will be addressed without granting an actual divorce. This will include the division of finances, property, and child custody.

If you wish to file a separate maintenance order, it may be time to consult with a family law firm such as The Chouhan Law Firm, LLC.

Atlanta Divorce Process

The Atlanta divorce process is much like other states’ divorce process. The first step in the process is to file for divorce. Either spouse filing can do this for a no-fault or fault divorce.

Once this has been completed, the following steps will be followed:

  • Answering the complaint (for the opposing party)

  • Issuance of standing orders by the court

  • Discovery

  • Temporary orders

  • Pretrial negotiation

  • Custody proceedings (if children are involved)

  • Late case evaluation

  • Trial

Although these are the usual steps, every case is unique and requires consulting with an Atlanta, GA, divorce attorney. An attorney can provide the information and strategy you need to confidently face the challenges that come with divorce.

Georgia Legal Custody and Child Support

The Georgia Division of Child Support Services handles the determination and payment of child support payments. The division also provides services to help parents with their parenting skills, such as counseling, mediation, and training. The division does not handle any cases where there is an allegation or finding that domestic violence has occurred.

The Division of Legal Custody Services handles cases where there is an allegation or finding of domestic violence. The division also deals with cases involving children who require protection from abuse, neglect, or abandonment.

 

Who Determines Child Custody in Georgia?

In Georgia, the courts determine custody of a child based on what is in the child’s best interest. This means that judges do not have to follow any specific guidelines when making custody decisions.

The court will look at all factors, including:

  • Age and sex of each parent

  • A pattern of drug or alcohol abuse

  • The pattern of domestic violence against another family member

  • Which parent has been the primary caregiver for the child

They will also take note of which parent is more likely to encourage a close relationship between the child and the other parent, as well as allow access by significant non-parent adults. Experienced divorce lawyers can help with divorce and other family law matters.

How Can Atlanta Divorce Lawyers Help With Divorce Proceedings?

If you have ever been through a divorce, you know how stressful it can be. From figuring out child custody and property division to determining spousal support or alimony – the list goes on. A divorce lawyer can help you with the process of divorce proceedings. They can help you file for divorce and make sure to keep your best interests in mind during the entire process.

The right divorce lawyer will be able to answer any questions that you may have about the process of a divorce, and they can help you with any paperwork that needs to be filed.

A skilled family law attorney from a respected law firm can provide valuable resources and support that assist you throughout the divorce process. Contact The Chouhan Law Firm, LLC, to schedule a consultation.

Atlanta, GA Divorce FAQs

Many questions arise in family law cases involving divorce in Atlanta. This section will answer some of the most common ones and provide more information on each question as needed.

What Are the Residency Requirements for Getting a Divorce in Georgia? 

The residency requirement for getting a divorce in Georgia is valid proof that either party has lived in the State of Georgia for at least six months before filing. Also, you must file for divorce in either your or your spouse’s county of residence.

The first step is to meet with a divorce lawyer who can answer any family law questions you may have.

 

How Long Does the Divorce Process Take in Georgia? 

The process can take up to six months if both parties are cooperative. If one party refuses to cooperate, it could take up to two years. Family law attorneys can provide additional information.

 

Who Pays Divorce Attorney Fees in Georgia?

In Georgia, each party is responsible for their own attorney fees in a divorce. In cases where one spouse asks for the other spouse to pay the attorneys’ fees for both, the court may do so based on specific details of the case.