Georgia Divorce Attorney: What to Know Before Filing for Divorce in Georgia

Deciding to file for divorce can be overwhelming. Before filing, you may have questions about your children, your home, your finances, your business, and what life will look like once the process begins.

As a Georgia divorce attorney, I regularly help clients navigate these questions and develop a strategy for protecting what matters most to them.

While every divorce is different, understanding the Georgia divorce process before filing can help you avoid decisions that may negatively affect your case later.

What Are the Grounds for Divorce in Georgia?

Georgia recognizes both no-fault and fault-based grounds for divorce.

Many Georgia divorces are filed on the basis that the marriage is irretrievably broken, meaning there is no reasonable hope of reconciliation.

However, the circumstances surrounding the breakdown of a marriage can still become relevant to other issues in a divorce.

A Georgia divorce attorney can evaluate your particular circumstances and advise you regarding the appropriate strategy.

What Issues Are Decided During a Georgia Divorce?

Depending on the marriage, a divorce may involve much more than legally ending the relationship.

Issues may include:

Child custody
Parenting time
Child support
Alimony
Division of marital property
Marital debts
Real estate
Retirement and investment accounts
Business ownership
Attorney's fees

For clients with businesses, substantial assets, multiple properties, investment portfolios, or complicated finances, the financial portion of a divorce can require significant investigation and strategy.

How Is Property Divided in a Georgia Divorce?

Georgia generally follows the principle of equitable division of marital property.

Equitable does not necessarily mean that every asset is automatically divided 50/50, it’s divided based on what the Courts deem to be fair.

Determining an appropriate division may first require identifying which property is marital and which property may be separate.

Issues can become more complicated when a spouse owned property before marriage, received an inheritance, owns a business, or combined separate assets with marital funds.

How Is Child Custody Determined in Georgia?

When parents cannot agree on custody, Georgia courts generally determine custody based upon the best interests of the child.

Courts may consider numerous factors concerning the child and each parent's ability to meet the child's needs.

For parents, custody is often the most important and emotionally difficult part of a divorce. A strong custody strategy should focus on evidence and the child's best interests rather than simply conflict between the parents.

Can I Receive Alimony in a Georgia Divorce?

Alimony is not automatically awarded in every divorce.

Whether alimony is appropriate, and the amount and duration of any award depends upon the circumstances of the marriage and applicable Georgia law.

Because alimony can have significant long-term financial consequences for both spouses, it should be evaluated as part of the overall financial strategy of the divorce.

What Should I Do Before Filing for Divorce?

Preparation matters.

Before filing, consider gathering copies of important financial documents, including:

Recent tax returns
Bank statements
Retirement account statements
Investment records
Mortgage documents
Credit card statements
Business financial records
Insurance information

Avoid making significant transfers, hiding assets, draining accounts, or making other major financial decisions without first obtaining legal advice.

Do I Need a Georgia Divorce Attorney?

You are not required to wait until a divorce has been filed to speak with an attorney.

In many cases, obtaining legal advice before filing allows you to understand your rights, identify potential problems, preserve important information, and develop a strategy before litigation begins.

Speak With a Georgia Divorce Attorney

Attorney Ashley C. Walter and The Walter Law Group represent clients throughout Georgia in divorce, legitimations, child custody, alimony, modifications, property division, and other family law matters.

When your family, finances, and future are involved, strategy matters.

Frequently Asked Questions About Divorce in Georgia

How long does a divorce take in Georgia?

The timeline varies depending on the issues involved, whether the parties agree, the court's schedule, and whether the case requires extensive discovery or litigation.

Does everything get divided 50/50 in a Georgia divorce?

Not necessarily. Georgia generally uses equitable division principles rather than an automatic rule requiring every marital asset to be divided equally.

Who gets the house in a Georgia divorce?

There is no universal rule. The answer may depend on ownership, whether the property is marital or separate, equity, finances, children, and the overall division of marital property.