Premier Atlanta Divorce Representation
Navigating Divorce with Compassion and Expertise
At Resurgens Legal Counsel, we understand that divorce is more than a legal process—it's a life-changing event filled with a spectrum of emotions. Our firm offers a blend of compassionate support and robust legal expertise to guide you through every step of your divorce. Whether you're facing an amicable separation or a hotly contested dispute, our approach is tailored to your unique circumstances, ensuring that your voice is heard and your rights are protected.
Tailored Strategies for Your Unique Situation
Every marriage and divorce is unique. We specialize in crafting personalized strategies that align with your specific needs and goals. From navigating the intricacies of property division and spousal support to addressing child custody and support, we are committed to achieving the best possible outcome for you and your family. Our background and expertise in complex commercial and business litigation make us unparalleled in our approach to high asset cases with more novel issues. And our expertise in Georgia's divorce laws, combined with a deep understanding of the emotional and financial complexities involved, positions us to provide you with the smart, strategic advocacy you deserve.
Empowering You Throughout the Process
We believe in empowering our clients through every phase of the divorce process. We are dedicated to providing not just legal representation, but also personally tailored guidance to help you make informed decisions. We offer comprehensive support, encompassing both the legal and emotional aspects of divorce. This includes assistance with financial planning, co-parenting strategies, and navigating post-divorce adjustments. Our aim is to ensure that you emerge from this experience not only with a favorable legal outcome but also with the resilience and resources needed to start a new chapter in your life with confidence and optimism.
In choosing Resurgens Legal Counsel, you're not just selecting a law firm; you're partnering with a firm that values your well-being and future. For more information, please contact us at (770) 765-7550 or schedule a consultation today. Let us help you turn this challenging chapter into a foundation for a new beginning.
Principal Attorney
Malone W. Allen
Family Law
Practice Areas
Divorce
Alimony
Division of Assets
Child Custody
Child Support
Modifications
Contempt of Court
Separate Maintenance
Legitimation and Paternity
Prenuptial Agreements
Postnuptial Agreements
Family Violence Orders
Stalking Protective Orders
Equitable Caregiver Claims
Grandparents’ Rights
Family Law Appeals
“With Malone’s guidance
and expertise I won my case.
What that translates to is
that my kids won.”
-Former Client
Georgia
Divorce
FAQs
Have a questions about an issue that isn’t listed here? Don’t hesitate to reach out to us to discuss the specifics of your case to see how we can help.
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In Georgia, the grounds for divorce can be broadly categorized into fault-based and no-fault grounds. The primary no-fault ground is an "irretrievable breakdown" of the marriage, which implies that the marriage is beyond repair and there's no hope of reconciliation. Fault-based grounds include adultery, desertion, cruelty, habitual intoxication or drug addiction, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, conviction of a crime of moral turpitude with imprisonment of two years or more, and habitual drunkenness.
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The duration of a divorce in Georgia varies depending on whether it is contested or uncontested. An uncontested divorce, where both parties agree on all terms, can be finalized as quickly as 31 days after filing. However, a contested divorce, where the parties have disagreements on key issues, can take several months to years, depending on the complexity of the case, the chances of settlement between the parties, and the court's schedule.
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A contested divorce occurs when spouses cannot agree on one or more key aspects of their divorce, such as child custody, property division, or alimony, requiring court intervention to resolve these disputes. In contrast, an uncontested divorce is where both spouses reach a mutual agreement on all significant issues related to the dissolution of their marriage, allowing for a more streamlined and typically quicker legal process. The choice between contested and uncontested divorce significantly impacts the duration, cost, and overall complexity of the divorce proceedings.
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In Georgia, property division during a divorce follows the principle of “equitable distribution,” which means that marital assets and debts are divided fairly, but not necessarily equally. The court considers various factors, such as each spouse's financial contributions, earning capacity, and the duration of the marriage, to determine a fair division. This approach allows for flexibility and fairness in dividing assets and debts, taking into account the unique circumstances of each case.
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In Georgia, alimony may be awarded based on a court's consideration of several factors, including the duration of the marriage, each spouse's financial resources, age, and physical and emotional condition, and the standard of living established during the marriage. The court also considers the contributing spouse's ability to pay and the recipient spouse's financial needs, ensuring that the alimony awarded is fair and equitable.
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While it is not legally required to have a lawyer for a divorce in Georgia, it is highly recommended, especially in cases involving complex issues like property division, child custody, or alimony. A lawyer can provide valuable guidance, ensure your rights are protected, and help navigate the complexities of the legal system.
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The divorce process in Georgia begins with one spouse filing a complaint for divorce in the county where the other spouse resides. This is followed by serving the complaint to the other spouse, who then has 30 days to respond. The process involves various stages including negotiation, mediation, and potentially a court trial, especially in contested cases, to resolve issues such as asset division, custody, and support.
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In a Georgia divorce, retirement accounts are considered marital property if they were accrued or contributed to during the marriage and are subject to equitable distribution. The division of these accounts is based on the value accumulated during the marriage, and it may involve complex financial evaluations and use of mechanisms like Qualified Domestic Relations Orders (QDROs) for proper allocation.
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In Georgia, child custody decisions are made based on the best interests of the child, considering factors like the child's relationship with each parent, the child's home, school, and community life, and the mental and physical health of all parties. Child support is calculated using the Georgia Child Support Guidelines, which consider both parents' incomes, the number of children, and other relevant expenses to ensure a fair support arrangement.
Contact us.
If you're navigating the complexities of divorce and seeking knowledgeable guidance, Resurgens Legal Counsel is here to help. Please fill out the contact form below, and Malone W. Allen or a member of our experienced team will get in touch with you promptly to discuss your situation and how we can assist you through this challenging time.