Divorce can strain even the most emotionally tough families. Divorce can take over your life and cause emotional strain on you, your children, your other family, and your friends. Our promise is to help guide you through the storms that await.
Two Big Things to Think about Before Filing for Divorce
There are many things you should think about before you file for divorce. Divorce may be the biggest decision you make in your life and you should not make a rushed decision and should be prepared for what to expect. But, for the purposes of this webpage, we will focus on two. The money and the kids.
You and your spouse need to sit down and make a real accounting of where your family stands financially. This is the only way you can adequately prepare for the changes that will come when your divorce is filed.
Having your finances squared away can also help your lawyer help you. There will be separate bills when the parties no longer live together. Assets and debts will have to be divided. How much equity is in your home? Will there be alimony or child support?
What is the living arrangement going to be during the divorce? Will the kids have to switch schools? Who gets to make the decisions regarding the children? Should we get the kids in some counseling?
Divorce is hard on kids. I am the child of divorce. It makes everything a little more difficult - holidays, grandkids, weddings, etc. Divorce has an impact on every stage of a child's life. You need to make sure that your rights regarding your children are protected during a divorce.
The 13 Grounds for Divorce in Georgia
Georgia recognizes 13 reasons to get divorced. 12 of them are pretty specific, but in 1973 Georgia added the catch-all "irretrievably broken" ground for divorce. This permits Georgians to get divorced based on no specific act but instead because the parties are unable to or refuse to cohabit and there are no prospects for reconciliation. The 13 grounds for divorce in Georgia are:
- Intermarriage by persons within the prohibited degrees of consanguinity or affinity;
- Mental Incapacity at the time of the marriage;
- Impotency at the time of the marriage;
- Force, menace, duress, or fraud in obtaining the marriage;
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
- Adultery in either of the parties after marriage;
- Willful and continued desertion by either of the parties for the term of one year;
- The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
- Habitual Intoxication;
- Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health;
- Incurable mental illness.
- Habitual drug addiction.
- The marriage is irretrievably broken.
Most divorces are based on adultery, cruel treatment, desertion, or irretrievably broken marriage. The grounds can certainly be important. Whether or not there was adultery or desertion can determine whether or not alimony / spousal support will be awarded and, if so, how much.
Misconduct of spouses is also used when courts are deciding how to appropriately divide property.