Divorce

Our firm that focuses on the family.  The family is the universal basis of all human societies and social structures.  So, it is understandable that the breakdown of a familial structure can cause tremendous stress and emotional turmoil.  During your divorce, you need an experienced attorney to advocate for the best interests of you and your family.

We are ready and willing to take your case to trial if necessary. Until a settlement is reached, we believe it is vital to prepare a client’s case for trial, because being ready is key to winning. The results of trials are long-lasting and can be hard, if not impossible in some instances, to change if there is an adverse result.

However, all too often, people accuse each other of bad things when the time, energy and money spent really does not make it worthwhile. Often, fighting spouses find that they use up the resources needed to start separate futures while fighting during their divorces.

We believe that there is often a better way. We encourage our clients to make smart decisions and to resolve matters using common sense when possible. However, we also know that the best way to reach a settlement is to prepare a client’s case for trial until there is a settlement because peace can sometimes only be achieved through strength.

Divorce Basics

  • Uncontested Divorce vs. Contested Divorce
    • Contested divorce means that there are unresolved issues at the time of filing the divorce.
    • Uncontested divorce means that the parties have reached an agreement on all major issues related to the divorce.
  • State of Georgia statutory law provides thirteen grounds for divorce. These grounds include:
    • Intermarriage by persons within the prohibited degrees of consanguinity.
    • Mental incapacity at the time of the marriage.
    • Impotency at the time of marriage.
    • Force, menace, duress, or fraud in obtaining the marriage.
    • Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown by the husband.
    • Adultery in either of the parties after the marriage.
    • Willful and continued desertion by either of the parties for a term of one year.
    • The conviction of either party for an offense involving moral turpitude and under which he or she is sentenced to imprisonment in a penal institution for a term of two years of longer.
    • Habitual intoxication.
    • Cruel treatment.
    • Incurable mental illness.
    • Habitual drug addiction.
    • The marriage is irretrievably broken.

O.C.G.A. § 19-5-3.  Numbers 1-12 are predicated on the concept of fault.  Because those grounds are fault based, the petition must state facts showing wrongful conduct on the part of the defendant.  If the divorce is based on the marriage being irretrievably broken, the petition does not have to state facts showing wrongful conduct.