Home

Atlanta Georgia Divorce Guidelines

Divorce is the end of marriage that also dissolves all legal bonds and responsibilities that come with the union. If you wish to file for a divorce in Georgia, know that you need to reside or have been residing in the state for no less than 6 months. Aside from this requirement, the processes involved are a lot similar to the divorce processes in other states.

 

How to file for divorce in Atlanta Georgia?

You need to file a Petition for Divorce to start a divorce process in Atlanta, Georgia. This must be done in the Superior Court of the county. The grounds for divorce, property division concerns, alimony, child custody and other related issues must be specified in the petition. Once this is achieved, the letter, along with other related supporting documents, will be served to the spouse who is given a 30-day period to respond.

 

Divorce Terms

When it comes to divorce, you can hire a family lawyer, seek formal mediation or do it on your own. The court will only intervene in the event when both parties can’t seem to reach an agreement on certain terms. With regards to property distribution, acquired assets within the marriage period are typically split equally in such a way that the court considers fair. Child custody, on the other hand, is generally based on the best interest of the children involved.

 

Can You Appeal a Judge’s Decision in the Divorce Case? How?

If you are not satisfied with the outcome of your divorce case, you have the right to appeal the decision of the court. However, be warned that this will be a costly process which may take a while to be resolved. Appeal is the review done by the higher court in order to determine whether there has been a legal error on the side of the lower court. During the start of the appellate procedure, the person or defendant appealing is known as the petitioner or appellant. On the other hand, the opposing party is referred to as the respondent.

Know that with an appeal, you are not allowed to submit new evidence, nor is it considered new trial. In order to identify whether there has been a mistake on the side of the lower court, the higher court will only review the following:

 

  • Documented appeal briefs by lawyers.
  • Documents and other materials that are presented to the lower court during trial or hearing.
  • Any type of audio recordings of the lower court during trial or hearing.
  • Other important documents of the lower court related to the trial or hearing.

When to File

The time for filing an appeal depends on the type of case being appealed on. With regards to divorce, since it is considered a procedure of the civil court, most states only provide a 30-day notice of appeal filing period. The period it takes for filing briefs and responding to opposing lawyer’s briefs generally depend on the laws of the state where you are filing an appeal to.