770-609-1247 | Roswell Georgia Divorce Lawyers and Family Law Attorneys
Call 770-609-1247 to Speak With a Roswell Georgia Divorce Attorney.
Divorce is when a legal union is broken and two individuals deliberately decide to split paths. In Roswell Georgia as well as the rest of the state, there are thirteen grounds for divorce. Twelve of those grounds are to prove that one party has committed wrongdoing to the other during the marriage and to define prevailing reasons for the dissolution. However, one of those grounds is the “no-fault” ground, which means that the marriage has been “irretrievably broken”. Because Georgia is a mixed state, you can file for an uncontested divorce under the “no-fault” ground, or a contested divorce under the remaining grounds. Grounds for Divorce >
You can also file for a divorce if you and your spouse have been separated for at least 30 days. However, you and your spouse can still be residing at the same address and be “separated” under Georgia divorce law. More specifically, before filing a divorce, the couple must be separated for at least thirty days and meet the Georgia residency requirements. Separation can entail living in the same house, but the couple cannot reside in the same room and/or share sexual relations. For residency requirements to be met, at least one of the married parties must have lived in Georgia for at least six months at the time the divorce cases is filed.
The divorce attorneys at Coleman Legal Group, LLC can file a complaint for divorce in the Superior Court located in either you or your spouse’ county of residence. The complaint for divorce generally that explains why the divorce is being sought in accordance with Georgia law, how you would like to divide the marital assets and debts, how you like to continue the care and custody of your children, and how you would like to address the child support and/or alimony issues for the case. While the actual process of filing for divorce involves many forms and is much more complex than what can be addressed here, the divorce attorneys at Coleman Legal Group, LLC are very experienced with simple and complex divorces.
Give us a call at 770-609-1247 to discuss with one of our Roswell Georgia divorce lawyers how we can help you with your case.
If the couple agrees on separation terms, the divorce process can be relatively short and painless. However, if there are lingering disagreements without resolution, those issues can result in the divorce taking months and even years to process. These disagreements can arise from complications such as property problems, child custody issues, or child support difficulties.
Georgia is an equitable division state, so each spouse holds a personal right to his/her own income and can make decisions on any personal property independently. But in a divorce, each person’s right is not the only factor, so the judge holds authority to distribute marital property, albeit fairly. Georgia courts also start with the belief that children should have regular contact with their parents, so judges prefer joint custody measures although ultimately everything is determined by the children’s best interests. For child support, Georgia requires both parents to provide for their children through their own available resources.
Please review the following for more information about divorce cases filed in the Roswell Georgia and surrounding area:
• Georgia Contested Divorce • Georgia Uncontested Divorce • Child Support • Legal Separation, Separate Maintenance • Child Custody, Child Visitation • Child Support Modification • Child Custody Modification • Paternity • Legitimation • Alimony, Spousal Support • Contempt • Temporary Hearings • Name Changes • Annulments
Our Roswell Georgia divorce lawyers and family law attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Woodstock, Kennesaw, Gainseville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Duluth, Buckhead, Dunwoody, Vinings, and Smyrna.
Our Roswell Georgia divorce attorneys and family lawyers frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Immigration, Bankruptcy and Business Law. Our main office is located at:
Alpharetta Georgia Office
5755 North Point Parkway
Suite 51
Alpharetta, GA 30022
Copyright © 2019 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 51 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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Questions To Ask Your Roswell Divorce Attorney
1. What type of divorce should I file? Georgia law allows you to file for divorce under a no fault clause, meaning that you are seeking separation due to irreconcilable differences. You can also choose between filing an uncontested and contested case. Your lawyer will be able to help you decide which type of case will work best contingent upon your description of the circumstances. 2. Are my goals achievable? This is an important question you should not neglect to ask; sometimes you could be so adamantly set on pursuing a certain set of goals...
read moreJurisdictional Defenses for Divorce and Family Law Cases
Jurisdictional Defenses in Georgia divorce and family law cases present obligations and opportunities that, if properly handled, can result in a cost effective victory in preliminary matters that may set the tone for the final outcome of your case. It is important that your have an attorney that is well versed in jurisdictional defenses whether you are the defendant or the plaintiff. Improper Venue or Jurisdiction If you have been served with divorce, and do not invoke a jurisdictional defense in your counterclaim, you will not be afforded...
read moreWhat is a Domestic Relations Financial Affidavit?
The Domestic Relations Financial Affidavit, which is also abbreviated as DRFA (Sample Form), is typically filled out before a Georgia divorce or family law case starts. The Georgia Domestic Relations Financial Affidavit is specifically required and outlined in the Georgia Code under the Uniform Superior Court Rules of Georgia: Rule 24.2. Financial Data Required. It is used to summarize the current income, financial assets, and expenses of an individual to proceed with a divorce settlement. It provides full financial disclosure from both...
read moreWhat is Alimony?
When the topic of divorce comes up it is usually followed by words like child support, custody and alimony. When a married couple decides to get a divorce the assets they once shared are normally divided up. In some cases a spouse may experience a sudden decrease in income that was previously shared. Alimony is called for when one spouse has less income than the other and they find themselves in need of financial support during the divorce or after. As defined by the Georgia State Bar, “Alimony is payment by one spouse to the other for...
read moreChanging a Child’s Name Following Divorce
Traditionally, in the State of Georgia the courts respect that a father has a right to maintain the same name as his children so long that he is actively involved in a parental role for the children. For the most part today’s judges still uphold it is in a child’s best interest to be identified with their father and therefor maintain the father’s last name for the child absent persuasive facts and evidence. However, there are particular circumstances where this may not necessarily be true and the child’s name can be change from that of...
read moreDo’s and Don’ts for Property in Divorce
Property in a family law or divorce case is one of the second most frequently contested issues in divorce following child custody. Marital property is the property that will be equitably divided in a Georgia divorce; however that property is not just limited to the property acquired prior to the divorce filing. Property acquired during the divorce proceedings may also be taken into consideration as joint marital property and may also be equitably divided between the parties. It is imperative during a divorce to maintain status quo and retain...
read moreDivorce and Family Law – The Basics of Discovery
Interrogatories: Written questions from Plaintiff to Defendant or from Defendant to Plaintiff. These questions are drafted by the lawyers of each party and are sent by mail; a response in writing 30 days from the date they were received is required. Interrogatories can be served before or after a deposition, or both. Although discovery can be requested of non-parties through the use of subpoenas, you cannot serve interrogatories to third parties. According to O.C.G.A. §9-11-33(a)(1), the total number of interrogatories is limited to fifty,...
read moreWhat is an Election of Child Custody?
When deciding on child custody issues, the court will take in to consideration all factors pertaining to the wellbeing of the child. Any and all decisions will thus be rooted in what the court believes is in the best interests of the child. Starting at age fourteen, the court will take into consideration the wishes of the child, but can overrule them if it believes the child’s election will not work in his/her best interest. In fact, in 2008 the law was amended so that the judge need not find the elected parent “unfit” in order to overrule...
read moreWhat happens when I file a Protective Order?
After the petition is filed, you will see a judge who may award you a temporary protective order before a set hearing. The hearing will take place within thirty (30) days after filing your petition. At the hearing, the judge will hear both your statement and the statement of the accused party and will then decide whether to grant a Temporary Protective Order and for how long, up to twelve (12) months. Follow Danny Coleman on...
read moreHow do I apply for a Protective Order?
Applying for a protective order requires filling out a document that will state the details of what has transpired and what you want the court to do about the occurrence. If you need help filling out this document, you can seek aid from someone in the Clerk’s Office (where you obtain the form), a domestic violence shelter advocate, or victim/witness advocate. Follow Danny Coleman on...
read moreDanny Coleman, MBA, Attorney
Susan Martin, PE, MBA, Attorney
