Filing for Divorce in Georgia
In Georgia, the person seeking a divorce files a complaint with the court. A copy of this complaint will be served on the other spouse. The person who files for divorce in Georgia is the plaintiff and the person who receives the complaint is the defendant.
At The Siemon Law Firm, our lawyers are here to advise you concerning when and how to file for divorce in Georgia. With offices in Alpharetta, Cumming and Atlanta, we represent men and women throughout the Atlanta metropolitan area.
Should I File for Divorce?
If you have a conduct ground for divorce (such as adultery or habitual drunkenness), it can be helpful to hold that your spouse's conduct is the cause of the breakup of the marriage when you file for divorce. If the court agrees with you, you may receive a greater share of marital property. If your spouse committed adultery, he or she would not be entitled to alimony.
If you don't file for divorce after the conduct and you continue to act as husband and wife, the court can deem that you condoned the conduct and it cannot be used as grounds for divorce or as a reason for denying alimony.
As soon as you file for divorce, the court will issue standing orders that will prevent you and your spouse from disposing of assets, changing insurance or otherwise disrupting the status quo. If you are concerned that your spouse is wasting or disposing of marital property, you should file for divorce as soon as possible. You may also want to cancel any joint credit cards you have with your spouse. Otherwise, you could be jointly responsible for credit card debt.
What if My Spouse and I Are Seeking an Uncontested Divorce?
How you file for divorce can set the tone for everything that follows. There are more amicable ways to begin the divorce process than to have the complaint served on your spouse by a sheriff.
In Georgia, it is not necessary to have a sheriff serve the complaint if your spouse chooses to acknowledge service. Our lawyers can advise you about nonconfrontational ways to file for divorce.
Responding to a Divorce Complaint as a Defendant
Contact Our Atlanta Divorce Attorneys Today
If you are planning to file divorce in the Atlanta area, our lawyers are here to advise you. Please contact us today to arrange a personal, discreet and helpful consultation.
