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Commonly Asked Questions About Divorce

While no two divorces are exactly the same, individuals who are facing a divorce may be unaware of a number of common characteristics that most divorces share. What follows is a short list of common questions that our Georgia law firm often receives from our divorce clients:

  • Do I need a certain reason to get divorced?

Not necessarily. There are 13 different grounds under Georgia law that permit an individual to get divorced. The most common reason is “irretrievable breakdown of the marriage,” which is the “no-fault” option. The other grounds are all fault-based, which means that you must present certain evidence in order to obtain a divorce pursuant to that ground.

  • Do I have to go to court in order to get divorced?

That depends. If you and your spouse are in agreement on all issues, you can submit a written settlement agreement to the court. If the court approves the agreement and you have otherwise met all of the requirements for getting divorced under Georgia law, you may be able to get divorced without going to court. However, if you and your spouse cannot agree on one or more issues related to your divorce, you will have to go to court in order to have the judge make a decision for you.  Also note that most Georgia counties require at least an administrative hearing to read the settlement onto the record if children are involved in the divorce, and to approve of the terms of the settlement.

  • How long do I have to live in Georgia in order to get divorced?

At least one spouse must have lived in the state of Georgia for six months or more before you are eligible to get divorced under Georgia law.

  • How long will it take me to get divorced?

It depends. If you and your spouse are in agreement on all issues related to your divorce, you can obtain an “uncontested” divorce as little as 31 days following the date on which all of the appropriate documents are filed with the court. However, if you and your spouse have disputes about certain issues related to your children or property, your divorce can last substantially longer. Depending on the nature and extent of your disputes, your divorce could go on for months or even years in some cases.

  • How much will my divorce cost?

It depends. An uncontested divorce generally requires only the preparation of legal paperwork, which can substantially cut down on your expenses. However, the more contested your divorce is, the more expensive it can quickly become. You may end up with extensive attorneys’ fees, mediator fees, guardian ad litem fees, property appraisal costs, and other similar expenses. Again, as every divorce proceeding is so different, it is difficult to estimate an exact cost for your divorce.

An Atlanta divorce lawyer at Shaw Law Firm LLC can help advise you about your available options and the best strategy for your divorce proceedings.  

Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.

Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.