Experience and Competence Matter.
Call 770-609-1247 to speak with an experienced Georgia divorce and family law attorney.
You do not have to face divorce and family law issues alone. We will be at your side fighting for you through the entire process. Our Georgia divorce lawyers and family law attorneys have helped hundreds of clients facing what is likely one of the most stressful times of their lives – and we can help you too.
Coleman Legal Group, LLC’s Georgia divorce lawyers and family law attorneys have extensive experience involving the following matters:
Georgia Uncontested Divorce | Georgia Contested Divorce | Child Support | Spousal Support | Alimony | Division of Property | Division of Debt | Mediation | Arbitration | Depositions | Trials | Child Custody and Visitation | More >>
Men and Father’s Divorce Issues
Men are often confronted with divorce when they least expect it. Several studies show that the proportion of divorces initiated by women ranged around sixty percent (60%) for most of the 20th century and climbed to more than seventy percent (70%) in the late 1960’s when no-fault divorce became more available. Furthermore, in addition to usually being the party served with a divorce rather than filing the case, men face several unique issues and challenges in a divorce case.
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Women and Mother’s Divorce Issues
It is not uncommon for a woman filing a divorce to do a lot of pre-planning in regard to moving assets, separating accounts, lining up witnesses and making plans with friends and family to obtain affidavits to use in court. Women frequently make plans well in advance of filing divorce to get alimony, child support and child custody as soon as possible at a temporary hearing. Furthermore, women seeking divorce have usually make a list of assets they want before even meeting with their attorney.
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What You Need To Know About Your Divorce
In speaking with hundreds of people seeking divorce and working in several Superior Courts and in front of several Judges, we attempt to shine light on some of the common misconceptions and confusing contradictions faced in getting a divorce in Georgia.
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Uncontested Divorce in Georgia
An uncontested divorce is a case where both spouses agree on all legally required aspects of the divorce. In an uncontested divorce, the husband and wife agree on how to divide all of their property (assets) and of the debts of the marriage. If the husband and wife have minor children, they will also agree on the child custody, visitation and child support amounts. Finally, the parties will also agree if any amount of spousal support or alimony is to be paid.
Once the parties agree on all of the above terms, they are ready to sign a Georgia uncontested divorce settlement agreement (along with several other related forms) setting forth the terms of the big five divorce issues:
Once the husband and wife have signed all of the divorce paperwork, our Georgia divorce lawyers can file the documents with the appropriate Georgia Superior Court and request the court grant a judgment for divorce. This can often be done without the parties even having to go to court. However, this process is much easier when using an experienced divorce attorney. An uncontested finalized divorce can usually be granted in less than sixty (60) days.
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Contested Divorce in Georgia
In a contested divorce, the parties disagree on one or more terms of the divorce – or the defendant cannot be found. When this happens, the person seeking the divorce is left with only one option – the filing a “complaint” with the court. In Georgia, a contested divorce can only be obtained through a court proceeding (Specifically in Superior Court). A copy of this complaint is served on the other spouse, usually by the sheriff or private process server. If the spouse cannot be found and served, then service by publication may be an option. The spouse who has been served with a complaint should consult a lawyer as soon as possible for help answering and possibly contesting statements in the complaint. The formal, written “answer” to the complaint is due with thirty (30) days of service of the complaint.
The disagreements that lead to a contested divorces in Georgia often involve one or more of the following issues:
In a contested case, the parties must resolve by settlement the issues out of court – or a judge will make the final decisions for the parties. The advantages of settling are that both parties will have significant input to the final divorce agreement. However, if a judge decides the final issues – the parties lose a great deal of control over the final result. Sometimes it is worth letting the court decide the issues, especially if the other party is being very unreasonable. However, two reasonable minded people can usually come to an agreement that makes both parties happier than what they might have gotten in a court trial.
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Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:
North Point Park
5755 North Point Parkway
Alpharetta, GA 30022
Phone: 770-408-0477 | Map
|Dunwoody, Sandy Springs
GA 400, Atlanta Georgia
1200 Abernathy Rd
Atlanta, GA 30328
Phone: 770-408-0477 | Map
|Johns Creek, Duluth GA
11555 Medlock Bridge Road
Johns Creek, GA 30097
Phone: 770-408-0477 | Map
125 TownPark Drive
Kennesaw, GA 30144
Phone: 770-609-1247 | Map
Georgia Areas We Serve
Coleman Legal Group, LLC’s divorce and family law attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainseville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Covington, Conyers, Newborn, Mansfield, Oxford, Social Circle, Porterdale, Buford, Sugar Hill, Suwanee, Dacula and Starrsville.
Our divorce and family law attorneys 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, Newton, Walton, Rockdale and Clayton.
Copyright © 2015 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • 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.
After talking with thousands of people about how assets and property are handled in a Georgia divorce case, certain questions come up often. Below is a discussion of some of the more frequently asked questions we answer for clients. We are getting divorced but we have joint property, do we have to sell it before we can get a divorce? No, no property has to be sold for a divorce to take place; however, property will be divided during the divorce. We are getting a divorce, I have moved out of the house, can I go back and take some things? This...read more
After talking with thousands of people about divorce in Georgia, certain questions come up often. Below is a compilation of some of the more frequently asked questions we answer for clients. What is the fastest way to get a divorce? The timeframe for a divorce usually depends on how fast the courts work and process the documents and whether or not the other spouse agrees with the divorce. If both spouses agree to the divorce then an uncontested divorce can be filed and all that is left would be for the judge to finalize it. How long do we...read more
When it comes to Georgia divorce cases, there often some myths that get repeated. These myths then get shared among friends and they start to spread – and people start to see them as facts instead of the myths that they are. So when the time comes and these Georgia child custody myths are debunked before them – and sometimes in open court, they are left shocked and often frustrated. To help avoid a frustrating surprise, the following are some of the more frequent Georgia child custody myths and the actual truth. Listen to the...read more
Do I need to live in Georgia to get a divorce here? No, it is not necessary for you to live in Georgia to file for divorce here. However in order to file at least one spouse must be living in Georgia and must have lived in the state for at least 6 months prior to the filing to establish residency. You should file for the divorce in the appropriate jurisdiction for either you or your spouse and it may be necessary for you to consult an attorney to determine court jurisdiction is special cases. Do I need an attorney to get a divorce in Georgia?...read more
There are numerous ways to mess up your divorce case which lead to undesirable results and make your divorce case a circus for both you and your attorney. Avoiding these behaviors can prevent attorney client conflict allowing you and your counsel to work together in order to complete your case as efficiently as possible. The following are 7 ways that may add conflict in your case and should be avoided to prevent conflicts. Calling your Attorney “Too Too” Much In some cases individuals feel that they must frequently call their...read more
Making the decision to obtain a divorce is typically not an easy one to make. In some cases, the spouses can both sense that their marriage is nearing the end, while in other one of the spouses is completely shocked when they are served the divorce papers, they were not aware that it was coming. Whichever your case may be, you may have heard that the person who files for divorce first wins. While this is not true, there are some advantages to being the first to file for divorce. Control Typically, when a spouse has filed for divorce, they are...read more
Does every case have to go to trial? No, most divorce and family law cases do not go to trial. For the most part these types of cases are dealt with through alternative legal resolutions; such as, mediation and settlement agreements. Trial generally only becomes necessary if the spouses are unable to negotiate after several attempts and persuasive attempts by attorneys and mediators to facilitate settlement of the case outside of court. Most decent attorneys will recommend that their own clients avoid going to court because of the cost and...read more
There are many child custody myths that exist amongst people navigating their way through the family law system. Myths within family law usually formulate due to the uniqueness of the law in question. Each individual child custody/ family law case is different and unique and it is therefore difficult to predict the outcome of a case on the basis of other cases. Only an attorney or those with years’ worth of experience may predict what may happen with a case based on previous legal precedence. In fact the probability of you achieving your...read more
1) Committing Adultery Means You Lose Everything False. Committing adultery does not automatically mean that you give up everything by fault in the divorce. Most courts see divorce today as a legal proceeding to divide the economic aspects of the marriage. Likewise, most court jurisdictions do not perceive fault in the divorce when considering the division of marital properties. Only rarely will the court consider adultery as impacting the economic status of a divorce proceeding. In these rare cases this generally means that the adultery...read more
In Georgia at the age of 14 a child may express an opinion of which parent he or she wishes to reside with as a primary physical custodian. The law specifically states, “In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child’s election for purposes of custody shall be presumptive unless the parent so selected is determined not in the best interest of the child O.C.G.A. § 19-9-3 (a)(5).” The law is further interpreted to mean...read more