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 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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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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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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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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In a contested divorce, the parties disagree on one or more terms of the divorce, or the defendant cannot be found by the plaintiff seeking the divorce. When this happens, the person seeking the divorce is left with only one option in Georgia – the filing a “Complaint for Divorce” 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 formal, written “answer” to the complaint is due with thirty (30) days of service of the complaint. 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 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 © 2016 | 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.
Parenting Plans are required in all Georgia divorce, custody and custody modification cases. When reality hits, people change, rules change, situations change, and relationships change. That is when a Parenting Plan comes in handy. The Parenting Plan addresses pitfalls that may arise to keep the court or conflict out of sight with the other parent. When minor child(ren) are involved, dividing the time among the parents is usually the most difficult tasks as the emotions are likely to run high. A sample Georgia Parenting Plan can be viewed...read more
It is common for grandparents to consult with an attorney about their custody rights in Georgia as related to their grand children. When determining custody of a child, Georgia courts will always use the “best interests of the child” standard. There is a presumption that the best interest of the child is to be in the care of at least one of the biological parents. This means that it can be difficult for grandparents to obtain custody over a biological parent. However, it is possible when the facts in the case support the applicable law in...read more
When filing for divorce in the state of Georgia, the party submitting the petition must cite the grounds for the divorce. Georgia law allows divorces to be filed on grounds of fault or on grounds of no fault by either party. Georgia allows parties to file for divorce when neither party is at fault, by filing on the grounds that the marriage is “irretrievably broken”. There are several grounds for fault-based divorce in Georgia. A fault-based divorce will usually be contested because a finding of fault is likely to affect the equitable...read more
Concerns of how property will be divided during a divorce is a source of stress for both parties. The laws of property division vary from state to state so it is important to speak with an attorney in your home state concerning these matters. In Georgia divorce cases, property is categorized as being either separate or marital property. Separate property is the property that each spouse acquired before the marriage. Separate property typically remains separate during and after the marriage. O.C.G.A. § 19-3-9. Marital property is property that...read more
The division of assets, child support and marital debts, rather than health insurance, are usually the first concerns of parties who are filing for divorce. Health insurance is probably not at the forefront of the negotiations. However, the cost of health insurance is an ever-present concern for most Americans and an issue to be fully considered by the parties with their attorneys. The divorce agreement should contain a provision stating how the parties will pay for healthcare going forward. If this provision is not included and the family is...read more
During a divorce, especially when the couple has significant assets, one party may be inclined to understate their assets or income so as to avoid distributions or payments to their spouse. This can, not only greatly complicate the divorce proceeding, it is also illegal. Parties to the divorce proceeding report their income to the court via a Domestic Relations Financial Affidavit. The affidavit is signed under oath. While an unintentional mistake on the DRFA can be modified, any intentional financial discrepancies on the affidavit constitute...read more
The first step in filing for divorce is establishing where to file the paperwork. In Georgia, all divorces all filed in Superior Court. Most often, an individual will file in the county in which the couple resided. However if one or both spouses recently moved from the matrimonial residence, it can greatly complicate the proceeding. There are three components to consider when deciding where is the proper court to file for divorce. Subject matter jurisdiction, personal jurisdiction, and venue all must be established in order to proceed with a...read more