DeKalb County Divorce Lawyers

Going through a divorce can be a painful experience fraught with emotions that can cloud rational thought. You may experience sadness, loss, anger, resentment, or fear when faced with this significant life transition. Your home, finances, assets, and parental rights may all feel threatened.

Protecting your family and your interests is crucial and can best be done with the help of a compassionate and assertive divorce lawyer. E.N. Banks-Ware Law Firm can help you better navigate the divorce process and plan for the next chapter in your life. We are a premier family law practice serving clients in DeKalb County, Metro Atlanta, and throughout Georgia. Attorney Banks-Ware is highly experienced in handling contested divorces, divorce mediation, and collaborative law divorce.

Request a confidential consultation with a DeKalb County divorce attorney at E.N. Banks-Ware Law Firm. Call (470) 523-3135 or reach us online for legal help today.

Grounds for Divorce in Georgia

Petitions for a Georgia divorce are based on fault or no-fault grounds. Georgia provides for several fault-based grounds, such as cruel and inhuman treatment, abandonment, imprisonment, and adultery. Divorces based on these must be proven in court, which generally involves a trial. No-fault divorce, based on an irretrievable breakdown of the marriage, does not require litigation. However, spouses must still agree on critical issues before a court can grant a no-fault divorce. These key issues include marital property and debt division, child custody, visitation, and child support.

Marital Property Division

Marital property must be divided in a divorce according to Georgia’s equitable distribution rules. This property can include the family home, bank accounts, stocks, retirement accounts, businesses, other investments, and marital debts. This does not mean the marital property will be divided evenly. Courts seek fair and reasonable determinations. If the parties cannot reach an agreement, the court will intervene to decide the issue after evaluating many factors.

Spousal Support

Spousal support (alimony) is typically granted to a spouse in a long-term marriage. It is generally based on one spouse’s needs and the other’s ability to pay. Temporary spousal support may be awarded while a divorce case is pending. Permanent spousal support is granted indefinitely until the receiving spouse can earn sufficient income, remarries, or the court modifies the support. Spousal support is not guaranteed. In a fault-based divorce, such as in cases of proven adultery, the unfaithful spouse may be barred from receiving support.

Child Custody

Conflicts over child custody are common in divorce proceedings. Before a divorce is granted, spouses must agree to a parenting plan approved by the court. Legal custody gives parents a right to make legal decisions concerning essential issues for their children. Physical custody determines which parent the child will live with, while the other parent usually has visitation rights.

Child Support

Child support is based on an income-shares model. This means that the combined income of both parents and the number of children involved are considered. The court relies heavily on a child support obligation table that considers income from all sources. Other factors included in this determination include the cost of childcare, the payment of medical, dental, and vision insurance premiums, medical expenses, educational expenses, and the cost of extracurricular activities.

Uncontested vs. Contested Divorce in Georgia

If you and your spouse can agree on all the elements of a divorce, your divorce can be uncontested. This generally makes the process faster and simpler. If you can’t agree on relevant divorce issues, you are facing a contested divorce, which may mean you and your spouse must proceed to trial after exhausting other options.

The Filing Process

The divorce process begins when you or your spouse file a formal divorce complaint. The spouse who files the complaint is the “plaintiff.” The other spouse is the “defendant,” and they have 30 days to respond. If they do not respond within 30 days, the court may grant a default judgment. Once the paperwork has been filed, the next step is “discovery,” where each spouse and their lawyers gather the necessary evidence and information from each other.

Same-Sex Divorce

Same-sex couples face the same legal challenges and considerations in divorce as heterosexual couples. Our attorneys are experienced in handling the unique issues that may arise, such as the division of assets accumulated before the marriage’s legal recognition and complex child custody matters involving non-biological parental rights.

Military Divorce

Military divorces involve additional layers of complexity due to the combination of federal guidelines and state laws. Whether addressing the division of military pensions, navigating the Servicemembers Civil Relief Act, or handling custody arrangements when one spouse is deployed, our firm is well-versed in the specific challenges that military families face.

Separate Maintenance Action / Separation Agreements

A separate maintenance action or separation agreement can provide a structured financial and custodial arrangement for couples who wish to live separately without formally ending their marriage. These agreements cover spousal support, child support, and the division of property and debts without finalizing a divorce.

High Asset Divorce

High-asset divorces can be particularly challenging due to the complexity of valuing and dividing substantial assets. These cases often involve businesses, professional practices, multiple properties, and significant investments. We collaborate with financial experts to uncover all assets and liabilities, striving to secure a fair settlement.

Multiple Ways to Resolve a Georgia Divorce

Several methods of resolving a contested divorce are available in Georgia. Mediation is very common and is required in some jurisdictions. The spouses work with a neutral third party, the mediator, who guides them to an equitable agreement. Negotiation is another resolution method, in which the parties and their lawyers discuss the unresolved issues to reach an agreement.

Avoiding Court with Collaborative Divorce

One way to avoid a protracted legal battle is to consider collaborative law divorce. Both spouses and their attorneys agree in writing to reach a negotiated settlement rather than litigate. Collaborative law is an interdisciplinary process that involves working with facilitators, including mental health professionals and financial experts. However, if the process fails, the attorneys must withdraw and the couple’s case will go to trial.

Traditional Divorce Litigation

When negotiation, mediation, or collaborative divorce does not produce results, the divorce will go to trial. In Georgia, some divorce trials are bench trials, meaning only a judge will make the decisions. In other cases, a divorce can go to a jury trial if property division, alimony, and child support are unresolved. Trials typically take longer and are more formal, stressful, lengthy, public, and costly.

Divorce by Publication

A third, uncommon form of divorce exists called divorce by publication. This applies if you have lost contact with your spouse after showing a genuine effort to notify them of the divorce. This involves publishing a notice in a newspaper for an appropriate amount of time.

Where Do You File for Divorce in Georgia?

In Georgia, you must file your divorce with the local clerk of the superior court in the county where you have lived for the last six months. The spouse who initiates the divorce will send a complaint to the clerk and pay a filing fee. The two most common locations we file are the Superior Court of Fulton County (136 Pryor Street SW, #C515, Atlanta, GA 30303) and the DeKalb County Superior Court (556 North McDonough Street, #1100, Decatur, GA 30030).

What You Can Do to Prepare for Divorce

Create a support network. Talk to friends and family about your concerns, but do not take legal advice from anyone who is not a family law attorney. See a therapist who focuses on family issues or trauma. Talk to a lawyer, whether you are in the early stages of considering divorce or are ready to file. Gather your financial information to thoroughly understand your current economic state. Plan for your children and any additional child care needs. Determine your ideal divorce outcome.

For Specific Advice, Contact a Lawyer

The best action you can take to optimally resolve your divorce is to retain a reliable and proven divorce lawyer. At E.N. Banks-Ware Law Firm, you can get answers and insights regarding your unique situation. Submit our online contact form or call (470) 523-3135 to consult a DeKalb County divorce attorney about your case today.