Savannah Divorce Attorney

Savannah Divorce FAQ 

What are the grounds for divorce in Georgia?

Georgia allows for both "no-fault" and "fault-based" divorces. A no-fault divorce is based on irreconcilable differences, meaning neither spouse is blamed for the marriage ending. Fault-based divorces may include adultery, abandonment, cruelty, addiction, or other specific circumstances.

How is child custody determined in a divorce?

Child custody is decided based on the best interests of the child. The court considers factors like the ability of each parent to provide a stable home, the child's relationship with each parent, and any history of abuse or neglect. Custody can be joint (shared responsibilities) or sole (one parent has primary responsibility), depending on what the court finds appropriate.

What is alimony, and how is it determined?

Alimony is financial support one spouse may be required to pay the other after a divorce. It is determined by factors such as the length of the marriage, the standard of living during the marriage, the financial resources of each spouse, and their contributions to the household (e.g., one spouse working while the other cared for the home). Alimony can be temporary or permanent.

How are assets divided in a Savannah divorce?

Georgia follows the principle of equitable distribution, meaning marital assets and debts are divided fairly but not necessarily equally. The court looks at factors such as each spouse's financial and non-financial contributions, the length of the marriage, and each party's future earning potential when dividing property.

What happens to retirement accounts and pensions during a divorce?

Retirement accounts and pensions accumulated during the marriage are considered marital property and subject to division. This may require a Qualified Domestic Relations Order (QDRO) to divide the accounts appropriately without tax penalties.

Do I have to go to court to get divorced in Savannah?

Not necessarily. If both parties can agree on all terms, the divorce can often be finalized without a trial. However, court hearings may still be required to obtain a final judgment. If there are disputes, mediation or litigation may be necessary to resolve the issues.

How long does it take to get divorced in Savannah?

The length of the divorce process depends on whether the divorce is contested or uncontested. An uncontested divorce can take as little as 30-60 days after filing, while a contested divorce may take several months or even years, depending on the complexities and disputes involved.

What is mediation, and is it required?

Mediation is a process where both parties work with a neutral third-party mediator to negotiate and settle disputes outside of court. Many courts in Georgia require mediation before allowing a case to go to trial. Mediation can save time, reduce costs, and provide a more amicable solution.

Can I modify child custody or support after the divorce is finalized?

Yes, you can request a modification of child custody or support if there’s a significant change in circumstances, such as a change in income, relocation, or a change in the child's needs. You will need to file a petition with the court to initiate the modification process.