Times are troubling and you’re thinking about Divorce
In today’s modern society, divorce seems almost as common as getting married. But, divorce is not a decision to be taken lightly. You may have thought about going the course without a Columbus Family Law attorney, but if your case involves children, alimony, property or debts, you should consult with an attorney to understand your rights and obligations. Columbus family law attorney Tyler Moffit, conveniently located in Columbus, Ga., is a compassionate, and experienced attorney who is deeply committed to helping his clients through every step of this process.
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Common Divorce Questions in Columbus, Ga.
Do I Need to Prove That My Spouse is “At Fault” to be Granted a Divorce?
Georgia is a no-fault divorce state. This means that neither you nor your spouse needs to prove that the other is ‘at fault’ to be granted a divorce. Divorce in Georgia may be granted on the grounds that there is no hope that you and your spouse can save the marriage and that the marriage is “irretrievably broken”. It is not necessary to show factors such as infidelity, cruelty or abandonment to be granted a divorce. For a no-fault divorce, you need only prove that the marriage is broken beyond repair with no hope of reconciliation.
Do my Spouse and I Need to Live Separately Before I File for Divorce?
In Georgia, there is no legal requirement that spouses need to live separately before one party can file a divorce petition. In a no-fault divorce, you will need to state in the Petition for Divorce that “the marriage of the parties is irretrievably broken”. You must wait until 31 days after your spouse is served with the Petition for Divorce to be granted the divorce (if your spouse lives in Georgia), 60 days (if your spouse lives in another U.S. state) or 90 days (if your spouse lives outside of the U.S.).
Can I File for Divorce in Georgia if My Spouse Lives in Georgia But I Don’t?
In order to file a complaint about divorce in Georgia, you or your spouse must be a resident of Georgia for six consecutive months prior to the filing.
If you are a Georgia resident and meet the requirement, your complaint will be filed in your County’s Superior Court. If you aren’t a Georgia resident or do not fill the residency requirement, but your spouse does, your complaint will be filed in the county where your spouse lives.
Will Any Income I Earned and Saved Before I Married Be Split with My Spouse During the Divorce?
In Georgia, marital property is split fairly between the spouses during the divorce. Marital property is any real or personal property, assets or income acquired by the spouses during the course of the marriage. Therefore, normally, any property acquired before marriage by one spouse is not considered marital property.
If My Spouse Committed Adultery. Am I Still Obligated to Pay Alimony?
Georgia Courts are not obligated to grant alimony in every case that comes before them. If it can be proven that the separation between the spouses was caused by adultery, then the guilty party will be barred from receiving alimony.
What is Alimony and How is the Allowance Calculated?
Alimony is the amount of money to be paid from one spouse to the other spouse. If a judge or jury determines that alimony should be granted, then the amount must be determined. Unlike Child Support, there is no particular method to calculate the alimony (also called ‘spousal support’) amount. Courts rely on a number of factors to determine the amount such as:
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of both parties
- The financial resources of each party
- Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party
- The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties
- Such other relevant factors as the court deem equitable and proper
Georgia Alimony Law Resources: Click here
What May Happen if My Spouse and I Cannot Decide on a Child Custody Arrangement?
One of the most difficult issues that lead to litigation is child custody and visitation. Many parents worry about how a change in their parenting time will affect the children. Because the outcome of child custody determines the amount of time you and your children will spend together, hiring an experienced Columbus Family Law attorney will help you make the smart strategic decisions you need to win in court.