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Atlanta Divorce Lawyer > Marietta Divorce Lawyer

No two divorces are the same. Some are easy and amicable, with both spouses reaching agreement on all critical issues, while other divorces are tense and full of conflict. At Buckhead Family Law, our team is prepared to tackle any type of divorce. We have represented men and women in uncontested, contested, high-asset, and interstate divorces. Regardless of the specific details, all men and women should have an attorney to represent them to protect their rights. It is a tragic mistake to assume that the judge will look out for your needs. Contact one of our Marietta divorce lawyers to get started.

Any person seeking a divorce must give a judge a valid reason for dissolving the union. Georgia Code § 19-5-3 provides 13 reasons called “grounds” that a person can cite for getting divorced:

  1. Adultery
  2. Desertion
  3. Cruelty or domestic violence
  4. Drug addiction
  5. Habitual intoxication
  6. Mental Illness
  7. Conviction of a crime of moral turpitude
  8. Pregnancy by another man
  9. Mental incapacity
  10. Impotence at the time of the wedding
  11. Intermarriage between persons prohibited by law (incest)
  12. Coercion, fraud, or trick
  13. Irretrievable breakdown of the marriage

This last one—irretrievable breakdown—is Georgia’s “no fault” divorce option. It is by far the most popular, though there are some situations where pleading a fault ground can be beneficial. For example, adultery can prevent a person from seeking alimony or getting a fair share of marital property.

Couples who have been married for only a few years are more entangled than they realize. A divorce requires that the couple reach an agreement on the following before a judge will grant the divorce decree:

Child Custody. Parents must agree on who the children will live with and who will have a say in important decisions regarding education, medical care, and other issues. Parents can share these responsibilities.

Child Support. One parent typically pays child support each month to the parent with primary custody of the children. Child support lasts until children reach adulthood.

Division of Marital Property. The property a couple obtains while married is marital, and each has a right to some portion of it. Georgia is an equitable division state, which means property should be divided fairly between spouses. Property can be marital regardless of who actually bought the asset or whose name is on the deed.

Alimony. A lower-earning spouse can seek monthly payment from his or her ex. Sometimes, alimony is a lump sum payment.

When couples agree on the above issues, they can draft a separation agreement and include all the details, such as a parenting plan and the amount of child support or alimony. They then submit the agreement to a judge. However, when couples cannot agree, they litigate.

Our team has considerable experience assisting our clients in their divorces. We can help you avoid court by working collaboratively with the other side. Couples can also attend mediation to discuss the dispute with a third party, and we will be by your side if you need us.

We also have deep experience taking issues to court. A contested divorce is rarely ideal but is sometimes unavoidable. If your spouse refuses to be reasonable, or if he poses a threat to your children, then the only choice is to ask a judge to decide a dispute in your favor.

It is never too early to meet with a lawyer to discuss your rights and responsibilities in a divorce. For assistance, call Buckhead Family Law to schedule a consultation.

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