A Firm Providing Caring And Considerate Legal Support Throughout The Divorce Process
Divorce is often a painful and tumultuous process. At The McGarity Group, our attorneys do everything possible to ease your anxiety, and we work closely with you to resolve your divorce on terms favorable to you. Whenever possible, we prioritize negotiating a fair settlement out of court in order to avoid a stressful courtroom trial. This often means pursuing mediation, which can also save you time and money. However, when justice for you and your children requires a court battle, we provide the strong litigation skills you need.
Is An Uncontested Divorce Right For You?
Couples can achieve an uncontested divorce in Georgia if the petitioning spouse files no-fault, citing an “irretrievable breakdown” in the marital relationship and there are no major disagreements as to property division, spousal and child support, and child custody. The spouses, with their respective family law attorneys, enter into negotiations (or mediation) to reach a marital settlement agreement, which they present to the judge for approval. If the court finds no objection to the agreement, it is approved and becomes the basis for the divorce decree.
Skilled Lawyers Ready To Litigate Your Contested Divorce
When couples cannot reach an agreement on one or more of the ancillary issues of their divorce, they must have a hearing on outstanding issues. The divorce is then considered contested, which will result in one or more issues being litigated in court by each spouse’s attorney and ultimately decided by a judge. Of course, the divorce can be contested at the start if one spouse chooses to file under any of the traditional grounds for divorce, which requires them to allege and prove one of the following:
- Conviction and imprisonment for more than two years for an offense involving moral turpitude
- Alcoholism and/or drug addiction
- Confinement for incurable insanity
- Separation caused by mental illness
- Willful desertion
- Cruel and inhuman treatment which endangers the life of the other spouse
- Consent to marriage was obtained by fraud, duress or force
- Spouse lacked mental capacity
- Unbeknownst to the husband, the wife was pregnant by another man at the time of the marriage
When you read through these grounds, it’s easy to imagine why couples generally prefer to file no-fault and keep private whatever marital misconduct may have prompted the divorce.
Whether you contest your divorce on grounds or simply because you cannot settle an ancillary issue, Georgia law requires you to file a financial disclosure affidavit with the court and to exchange a copy with your spouse shortly after filing. You may opt for a trial by jury or by a judge. However, if your only remaining issues involve your children, you cannot choose a jury trial.
We Are Here To Help – Contact Our Firm Today
Divorce litigation is unpredictable. You may feel confident you can dissolve your marriage amicably, only to be blind-sided in court by unrealistic demands. But when you retain The McGarity Group, you get compassionate client service from trial attorneys who can fight for your parental and property rights. To learn more, call our divorce lawyers today at 770-692-9877 or contact us online.