Divorce Lawyers in Marietta | Cobb County, GA

How does an uncontested divorce work in Georgia?

Divorce begins by one spouse filing what is called a “complaint of divorce,” with the appropriate court. This document goes over general facts about the process, including the reason for divorce and names of the spouses. After the complaint has been filed, it will be served to the other spouse (sometimes referred to as the respondent). The respondent will have up to 30 days to respond to the complaint, including any counterclaims they wish to file.

At least 31 days must pass between a complaint of divorce filing and the Final Decree of Divorce. Georgia’s 31-day waiting period is relatively short compared to the waiting times of other states. However, no matter how motivated you are to finalize your divorce, it is rare for the entire process to only take 31 days.

A judge will need to sign off on your settlement regardless of any agreement you and your spouse decide on. For an uncontested divorce in Georgia, a practical timetable is around 60 days for couples who have come to terms on everything before filing a complaint of divorce.

How does a contested divorce work in Georgia?

When a couple cannot come to an agreement on any one aspect of their divorce agreement, even after mediation or collaborative divorce is attempted, the divorce is classified as contested. Contested divorces in Georgia take longer than an uncontested divorce, and most counties in Georgia require divorcing couples to first entire mediation before a final court hearing.

One major reason contested divorces take longer is due to the discovery phase. The discovery phase is the process by which both spouses, represented by their respective attorneys, seek to formally uncover information that will help their case. This often means asking for financial documents, interviewing friends and family, and logging marital property that will be subject to division by the judge. The discovery phase typically lasts around six months but can be extended upon attorneys’ request.

How much does a divorce cost in Georgia?

One of the biggest concerns when considering divorce is the cost. The time needed to complete a divorce varies depending on the case, which is why costs can be difficult to estimate.

For a quality attorney who will help ensure your needs and wishes are secured in the divorce agreement, costs can surpass $20,000 in a contested case. (That may sound like a lot, but the potential costs of not receiving an equitable decree resulting from an incompetent attorney can be far greater.)

On top of court and attorney fees, there is a fee to file for divorce, which is usually around $250, although this varies from county to county.

Settling the terms of your divorce through mediation is less expensive.

How should you choose a divorce lawyer in Georgia?

Divorce is different for everyone. It’s not an easy process, even if you agree with your spouse on every term and condition. Ultimately, retaining the services of an attorney that fits your goals and makes you comfortable is critical, as this person will be your companion throughout this difficult time.

With everything that will be thrown your way during your divorce, you need a divorce lawyer who will listen to your needs, is responsive to your inquiries, and will work diligently and thoroughly to represent your best interest.

Brown Dutton & Crider Law Firm would be honored to walk alongside you and be your knowledgeable family law attorney. We are well-versed in every family law matter and can assist you in any process relating to your divorce, whether it’s child custody or if you’re unsure what kind of divorce is right for you.