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 © 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.
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
During a divorce or family law case, a party should significantly reduce social media activity during the course of the case. Social media sites can be a double edged sword when entering into a family law case as they can either provide you with valuable information and/or they can give the other party harmful evidence to use against you in court. Social media may include any online website that provides current information about you including, but not limited to: Google+, Facebook, Twitter, LinkedIn, Instagram, Flickr, Pinterest, YouTube...read more
In the state of Georgia jurisdiction of the court is the court’s ability to hear a case on the basis of subject matter, personal jurisdiction, and / or previous jurisdiction. If a court system does not have jurisdiction over a case then any decisions made by the court in the case can be ruled invalid. If a problem with jurisdiction is identified prior to a final judgment, the case may be relocated to a more appropriate court with jurisdiction or dismissed entirely. The state has firm and established guidelines for the determination of...read more
Going through a divorce can be a very difficult and stressful process, especially if your soon to be ex-spouse is making things more difficult by not cooperating. In the middle of a divorce you might be under a lot of stress and at your wits end, which is understandable. You also might feel like you are able to go through the divorce on your own without anyone’s help. However, it is probably beneficial for you to hire an attorney. Below we go over some reasons why hiring an attorney to help with your divorce might be your best...read more
A well-known part of the divorce process is alimony. Traditionally alimony has been awarded to the wife. However with changes in modern society, men are starting to become more aware of the ability for them to also ask for and receive alimony. Modern society has seen numerous changes in the divorce process, perhaps most dramatically in the area of “men’s rights.” While that includes father’s rights, men who have no children are also a part of this movement due to the changes in alimony awarded to men. Spousal support shifts are more and more...read more
Disobeying court orders is a common problem in divorce and family law cases and can significantly negatively affect your finances, custody, and visitation in negative ways. All violations of a court order that are deemed to be without a reasonable explanation and are willful are found by most courts to be a contempt of the court’s order. A determination of Contempt of Court can negatively impact a person’s life or current situation by making the party at fault subject to jail time, fines, community service, a modification of a...read more