Getting Divorced in Georgia? Here’s What You Need to Know

Ending a marriage is never easy. In addition to the emotional trauma that comes with the end of such a serious relationship, you also have to deal with legal challenges and other chores. A divorce is a personal trauma that, frustratingly, demands the oversight of the law to run its course. It’s a tough thing to go through under any circumstances.

But divorce is even tougher when you don’t understand the laws and the process. Without some basic knowledge and proper legal representation, you could end up with an unfair divorce agreement or an unnecessarily drawn-out process. If you’re headed toward a divorce in Georgia, then you need to know a few things about how this is going to play out.

You should get a lawyer

If you and your spouse agree on absolutely everything, you could head to the courthouse (with the proper documents) and complete a divorce without an attorney. You’d be representing yourself, which is “pro se” in legal terms. But is this a good idea? Not always.

Divorces can be complicated and messy. Even when everything seems to be agreed-upon, there could be problems and surprises ahead. The best way to protect everyone involved is to hire an attorney.

So make a call. Meet with a trusted local attorney who specializes in divorces. Bring along important documents to your initial consultation. The most important ones to bring are financial records like tax returns, pay stubs, bank and investment account statements, and records of assets and debts.

Fault and no-fault divorce

The United States has two major types of divorce: fault and no-fault. In a fault divorce, one partner sues the other for divorce and accuses the other of causing the breakdown of the marriage. In a no-fault divorce, the person filing for divorce simply cites “irreconcilable differences” without accusing the other partner of causing the problems. Fault divorces can lead to different kinds of settlements and have different requirements. For instance, a fault divorce will only be recognized if the party can prove one of the conditions designated in the law (often adultery and abuse, among others), and some states that require a separation period for no-fault divorces don’t have that standard for fault divorces.

Most states have no-fault divorce statutes today, and Georgia is among them. Georgia also has fault divorce. While Georgia technically requires couples to be separated before a no-fault divorce, Georgia law states that simply not engaging in marital relations can constitute a legal separation—even if the spouses are still living together in the same house.

You may have (or want) to liquidate some assets

Splitting up the wealth and assets that you share with your spouse won’t necessarily be easy. In particular, accounting for a valuable thing such as a house can be tricky. Sometimes, a divorce agreement will give a home to one party and offset that with other wealth going to the other party, but that doesn’t work for every divorcing couple’s personal and financial situation. In some cases, say experts in divorce laws in Georgia, the most sensible thing to do is to sell the home for cash fast and then split that cash between the parting partners.

That’s just one example of the sorts of situations that can lead to liquidating assets before or after a divorce. You may or may not have to part with something as valuable and meaningful as your home, but you should be prepared for the possibility and should work closely with your attorney to protect your priorities.