Below are some frequently asked questions and answers about divorce in
What is a divorce?
It is a term used to describe the legal
termination of a marriage. When filing divorce papers in a fault divorce, each spouse must state a
reason for wanting to terminate the marriage. Georgia state law recognizes twelve such reasons,
which include mental or physical cruelty, drug addiction, and conviction for certain crimes. For a
no-fault divorce, one spouse simply needs to state that the marriage is irretrievably
What is no-fault divorce?
It is when the spouse seeking the divorce
does not have to prove that the other partner did something wrong.
What is a fault
This occurs when one party blames the other for causing the divorce.
Do I have to involve the court to get a divorce?
Yes, because marriage is
a legal bond. Therefore, if a person desires a divorce, he or she has to get the courts
What are the first steps taken in court for a divorce?
must file a summons, which is a legal document that notifies your spouse of your intentions. Next,
you need to file a petition that asserts specific claims against your spouse and outlines what you
request from the court.
How long does a divorce usually take?
divorce is different, so the time for each divorce varies. Typically, a divorce takes anywhere from
31 days to a couple of years. When a judge signs the divorce decree, then the divorce is officially
What is the duration of residency to obtain a divorce in
Six months or 180 days.
Can my spouse and I use the same
attorney when going through a divorce?
No. One attorney cannot ethically represent both
individuals involved in a divorce case, since a divorce action involves two people with complete
conflicts of interest.
Can a spouse prevent the courts from granting a
It depends on the type of divorce the other spouse seeks. The other
individual cannot stop a no-fault divorce. A fault divorce, on the other hand, can be challenged by
the spouse not seeking the divorce. The individual must go to court to prove that he or she is
actually not at fault. If proven, then the fault divorce could be defeated.
In a collaborative divorce, the attorneys for both sides agree to
assist their clients in resolving conflicts by employing cooperative techniques rather than
adversarial strategies and litigation. All the people involved commit themselves to achieving a
negotiated outcome. It is agreed that no litigation will commence during the
What are the advantages of collaborative divorce?
The most obvious
benefit is the reduction in stress and emotional trauma. Here, both sides work together in a private
setting to come up with a mutually beneficial resolution.
The right attorney can help you
with your Georgia divorce
The dissolution of your marriage is a stressful event. The Gwinnett County divorce attorneys at Oxendine & Sauls, LLC
help clients minimize stress by providing competent, zealous representation to obtain the equitable
distribution of property, protection of parental rights and fair child and spousal support.