http://www.scotsikes.com – Alimony in a Georgia Divorce – Divorce Lawyers Columbus GA
Law Offices of Scot Sikes
5 Bradley Park Court, Suite 101
Columbus, GA 31904
When you are going through a divorce, it is beneficial to have an experienced Columbus, GA divorce lawyer looking out for your well-being, and the well-being of your loved ones. Divorce is a taxing and complex legal process and it can takes a toll on everyone involved, especially your children. That is where we come in. Our Columbus legal team is here to lift this burden from you and make this process as simple and painless as possible. We will sit down and tentatively listen to your goals and objectives and strive to help turn them into a reality. We understand that with divorce, comes many other complicated yet crucial matters such as child custody, visitation and support. We want to help you keep your children close and seek the full amount of financial provision that you are entitled to.
Our Firm Handles the following Georgia Family Law Cases in Columbus, GA:
Contested DivorceUncontested DivorceHigh Net Worth DivorceCollaborative DivorceMilitary DivorceMediation
EnforcementLegal SeparationsChild CustodyChild Custody modification
Child Custody enforcement
Child Support Modification
Recovery of Attorney’s Fees
Enforcement of Settlement Agreements
Orders of Protection
Divorce affects, directly or indirectly, virtually every family in the country. The following information, pout out by the State Bar of Georgia, summarizes Georgia’s divorce laws.
Marriage is a civil contract that the state has an interest in preserving. Accordingly, the marriage relationship may be dissolved only as provided by law through (1) a divorceor (2) an annulment; or altered by (3) a decree of separate maintenance granted by our courts. In any case, there must be a proceeding in the superior court of the county in which the defendant resides (or the county where the parties resided during the marriage if the defendant left the county within six months before filing) and the person seeking the divorce must prove grounds for divorce (valid reasons prescribed by law).
Grounds for divorce in Georgia?
In Georgia there are 13 grounds for divorce. One ground is irretrievably broken (sometimes referred to as the no-fault ground). The other 12 grounds for divorce in Georgia are fault grounds.
No-fault divorce in Georgia
To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse and that there is no hope of reconciliation. It is not necessary for both parties to agree the marriage is irretrievably broken. Also, it is not necessary to show that there was any fault or wrongdoing by either party.
Grounds for fault divorce in Georgia
To obtain a divorce on one of the 12 fault grounds, one must prove that there was some wrongdoing by one of the parties to the marriage.
As an example, one fault ground is adultery. Adultery in Georgia includes heterosexual and homosexual relations between one spouse and another individual.
Another fault ground for divorce in Georgia is desertion. A divorce may be granted on the grounds that a person has deserted his or her spouse willfully for at least one year. Other fault grounds include mental or physical abuse, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction and mental illness.
Residence requirement for a Georgia divorce
One spouse must have lived in the state of Georgia for 6 months or Georgia must have been the last domicile of the marriage.
Divorcing spouses must be considered separated in a legal sense before one can file for a divorce. Spouses may be considered separated even if they are living in the same house if they are not sharing the same room and/or not having a sexual relationship.
Filing for divorce in Georgia
The person seeking the divorce (the plaintiff) will file a document called a complaint with the appropriate superior court. This complaint includes information on the marriage including present living arrangements, children of the marriage, assets, debts and the specific grounds on which he or she is seeking the divorce. A copy of the complaint will be served on the other spouse (the defendant) by the sheriff, unless the defendant chooses to acknowledge service by law.