Protect Your Children and Your Assets

Protect Your Children and Your Assets

Hire an experienced divorce attorney in Evans, GA

Alex M. Brown Law, LLC is here to represent you when you’re going through a divorce in Georgia. To file for a divorce in Georgia, at least one spouse needs to have been a resident of the state for six months before filing a petition for divorce. It’s also required that the parties have been separated for a minimum of 30 days. The following grounds for divorce are recognized in the state of Georgia:

  • Marriage between close blood relations.
  • Mental incapacity at the time of the marriage.
  • Impotency at the time of the marriage.
  • Force, menace, duress or fraud in obtaining the marriage.
  • Pregnancy of the wife by a man other than the husband.
  • Adultery in either of the parties after marriage.
  • Willful and continued desertion by either of the parties for one year.
  • The conviction of either party for an offense involving moral turpitude.
  • Habitual intoxication.
  • Cruel treatment, including physical, verbal and mental abuse.
  • Incurable mental illness.
  • Habitual drug addiction.
  • Irretrievable breakdown of the marriage.

Legal separation

When spouses are living separately, either spouse may petition the court for alimony or child support without having a divorce pending. The other party will be notified of such a petition, and the judge can grant such an order to be enforced in the same manner as a divorce.

Mediation or counseling requirements

In contested divorce cases, the judge may refer the couple to an appropriate alternative dispute resolution program prior to a trial if such a method is reasonably available without additional cost to the parties.

Property distribution

Georgia is an equitable distribution state. At this time, there are no statutes regarding what the court considers when distributing the property in a divorce case. Generally, the separate property of each spouse shall remain the separate property of that spouse. Furthermore, any property owned prior to the marriage or obtained through inheritance or gift shall remain the sole property of that spouse. All property otherwise obtained during the marriage is subject to equitable distribution.

Alimony/maintenance/spousal support

Alimony may be awarded on either a temporary or permanent basis. A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the marital discord was caused by that party’s adultery or desertion. Alimony may be awarded in accordance with the needs of the party seeking alimony and the ability of the other party to pay. Unless otherwise provided, alimony shall end upon the remarriage of the party receiving alimony. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other. The following shall be considered in determining the amount of alimony, if any, to be awarded:

  • 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.
  • 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 deems equitable and proper.