Frequently Asked Questions
What are Georgia’s divorce laws?
Georgia is a no-fault divorce state, you can file simply because the marriage is “irretrievably broken,” without proving your spouse did anything wrong. Georgia divides marital property “equitably,” meaning fairly but not automatically 50/50. Judges consider each spouse’s income, contributions, and circumstances. At least one spouse must have lived in Georgia for six months before filing. How these laws apply to your specific assets, children, and financial situation varies significantly, which is why a consultation with a Georgia family law firm is worth the time before you make any moves.
What’s the difference between contested and uncontested divorce in Georgia?
Uncontested means both spouses agree on everything, property, custody, support, the house. Contested means at least one issue is in dispute. Uncontested It’s faster and less expensive, typically wrapping up in 60–90 days with legal fees starting around $1,750 for cases with no kids or assets. In contrast contested cases involve negotiation, mediation, and sometimes trial. They typically take 12–18 months and involve a retainer starting around $5,000, with more complex cases averaging $10,000 retainer. Many cases start contested and settle before trial. Either way, have an attorney review any agreement before you sign because what looks simple can have long consequences.
How does the divorce process work in Georgia, step by step?
Here is the basic path: (1) One spouse files a Complaint for Divorce in the Superior Court of the county where they live which for most of our clients, that is Gwinnett County. (2) The other spouse is served and has 30 days to respond. (3) Both sides exchange financial information. (4) If you agree on all terms, you can finalize in roughly 60 days. If not, the case moves through mediation and potentially trial. (5) A judge signs the Final Decree of Divorce. Every case has different details, deadlines, and complications. Our attorneys handle the filings, strategy, and court appearances for you.
What is alimony in Georgia and how does it work?
Alimony, also called spousal support, is financial support paid by one spouse to the other. Georgia courts award it based on one party showing that they have a need and that the other party has the ability to pay. It is not automatic. Courts consider length of marriage, age of the parties, and ability to earn. Georgia law also bars alimony if the requesting spouse caused the end of the marriage through an affair. Alimony can be temporary, permanent, periodic, or a lump sum. If you think you may owe it or deserve it, this is a conversation to have with your attorney early as it affects your entire financial strategy in a contested case.
How much does a divorce lawyer cost in Georgia?
It depends on whether your divorce is contested or uncontested. At our Lawrenceville firm, an uncontested divorce starts at around $1,750 as a flat fee when both parties agree on all terms. A contested divorce involves a retainer; our fees start around $5,500 for simpler disputes, with the average retainer for a fully contested case around $10,000. The retainer is drawn down as we work your case. Factors that affect cost include children, property, how quickly both parties reach agreement, and whether you go to trial. We give you honest numbers at your case evaluation.
How long does a divorce take in Georgia?
An uncontested Georgia divorce can finalize in as little as 60 days after filing once both parties sign and the court approves, though it often takes closer to 90 days. Contested divorces are different. In Gwinnett County Superior Court, contested cases typically run 12-18 months, sometimes longer if custody is heavily disputed or financial issues are complex. Georgia also requires a 30-day waiting period after the defendant is served before a divorce can be finalized. The more quickly both parties agree on terms, the faster it moves. Getting an attorney early helps avoid unnecessary delays.
How does child custody work in Georgia?
Georgia courts separate legal custody, the right to make decisions about your child’s education, healthcare, and religious upbringing, from physical custody, which is where the child lives day to day. Judges decide custody based on “the best interests of the child,” weighing each parent’s involvement, work schedule, the child’s age, and any history of instability or safety concerns. Almost everybody gets joint legal custody. Physical custody arrangements vary. Whether you are negotiating a first-time parenting plan or fighting a contested custody case in Gwinnett County or Metro Atlanta, strong legal representation makes a real difference in the outcome.
What happens to my 401(k) or retirement savings in a Georgia divorce?
Retirement accounts (401(k)s, TSPs, pensions, IRAs) earned during the marriage are considered marital property in Georgia and can be subject to division. Contributions made before you were married are generally protected as separate property. Dividing a retirement account requires a special court order called a QDRO, which allows the transfer without tax penalties. Whether you are trying to protect your retirement or ensure you receive a fair share of your spouse’s, do not sign any financial agreement without having an attorney review it. What you agree to now affects your financial security for decades. Our skilled lawyers argue the calculations to maximize your award.
I just got served with divorce papers. What should I do?
Do not panic but move quickly as you typically have 30 days from the date you were served to respond. Missing that deadline can have serious consequences. Do not sign anything your spouse hands you without having an attorney review it first, even if they say it is simple. Divorce papers downloaded from the internet or filled out without a lawyer can still bind you to agreements that hurt you for years. Call a family law attorney right away. Our Lawrenceville firm can verify whether a case has been officially filed, explain exactly what your spouse is asking for, and help you respond strategically before the clock runs out in your Metro Atlanta case.
Do I have to move out of my house during a Georgia divorce?
No, not unless a judge orders it. In Georgia, you are not automatically required to leave the marital home during a divorce, even if your spouse demands it or sends you an email saying you have 30 days to get out. Moving out voluntarily can actually complicate your case, especially if there are children involved or significant equity in the home. Your attorney can negotiate the living arrangement as part of your settlement, including specific timelines for when and how transitions happen. If your spouse is pressuring you to leave, get legal advice before you make any moves.
Attorney Sharon Jackson, LLC at Lawrenceville, GA practice encompasses divorce, child custody, legitimation, prenuptial agreements, post nuptial agreements, separate maintenance, and modification.
