Douglas County Divorce Lawyer

Responsive Divorce Representation In & Out of the Courtroom For West Georgia & Metro Area Residents

In the State of Georgia, most marriages begin with high expectations, but these often fall short, and couples feel that their only remaining option is to get a divorce. Because this decision is never easy, you need someone on your side who can walk with you throughout this process.

You need a Douglas County divorce lawyer who understands Georgia State Divorce Laws and how each county (Fulton, Douglas, and other Georgia Metro counties) operates. We believe the Howard Law Group can help. With over a decade of experience and being a former prosecutor, we understand the process of divorce.

A skilled divorce attorney in Dallas, responsive to your needs, can make all the difference. Our firm is here to listen, mitigate the effects of the divorce process, and guide you through one of life's most challenging periods. Simultaneously, we are experienced, hard-fighting litigators in West Georgia family law courts. When needed, we will pursue justice in the courtroom to ensure your rights are protected.

Going through a divorce? Get the compassionate representation you deserve by contacting us online or calling (678) 922-9743.

What Issues Do We Handle in a Divorce Process?

With many years of combined experience, you can trust that Howard Law Group will provide you with the guidance and support you need. We understand the issues you are facing and can deliver unparalleled legal representation to ensure your rights are not sacrificed.

We have successfully represented clients dealing with all of the following:

• Domestic violence
• Divorce
• Property division
• Spousal support
• Child custody
• Debt division

Our firm can help you address the tough questions associated with divorce and the issues that go along with it. We pride ourselves on being responsive to our clients and have earned a reputation for success in and out of the courtroom.

What are Valid Grounds for Divorce in Georgia?

Georgia law allows for both fault-based and no-fault divorces. A Douglas County divorce lawyer can help you determine which option best fits your circumstances.

• No-Fault Divorce: Most divorces in Georgia are filed on the grounds that the marriage is "irretrievably broken." This means that reconciliation is not possible, and neither spouse needs to prove wrongdoing.
• Fault-Based Divorce: In some cases, one spouse may file based on misconduct, such as adultery, desertion for one year or more, physical or mental cruelty, drug or alcohol addiction, or conviction of a crime involving moral turpitude.

A Douglas County divorce attorney will assess whether fault-based grounds might benefit your case in terms of property division or child custody.

What is the Divorce Process in Georgia?

Filing for divorce in Georgia involves several steps, and a Douglas County divorce lawyer can help you navigate each stage:

1. Filing the Petition: One spouse files a Complaint for Divorce with the appropriate Superior Court.
2. Serving the Other Party: The non-filing spouse must be formally notified.
3. Response and Discovery: The other spouse has 30 days to respond. The discovery phase allows both sides to gather financial records, communications, and other relevant information.
4. Negotiation or Mediation: Many couples settle their issues outside of court through negotiation or mediation.
5. Court Hearings and Trial: If no agreement is reached, a judge will decide unresolved matters.
6. Final Decree: Once all issues are settled, the court issues a final divorce decree.

Going For An Uncontested Divorce?

The law is clear in divorce cases: as long as the parent has completed the parenting class and their children are involved, it can be done relatively quickly. All civil cases, including divorce and other domestic relations cases, shall be triable at any time after the last day upon which defensive pleadings were required to be filed. This means that a final decree of divorce may be taken at any time after 30 days from the date of service of process.

Uniform Superior Court Rule 24.6 provides:

Uncontested divorce actions may be heard at times agreeable to counsel and the court, subject to the following rules:

1. By written consent of both parties, a divorce may be granted any time 31 days after service or filing acknowledgment of service.
2. In an unanswered action, a divorce may be granted any time 46 days after service, unless the time for response has been extended by court order.
3. A divorce action served by publication may be granted any time suitable to the judge and attorneys, 61 days or more after the date of the first publication.
4. All divorce actions with orders for publication or acknowledgment of service should be filed prior to or contemporaneously with the signing of the order or acknowledgment.

The Uniform Superior Court Rule 24.6 must yield in case of conflict to the applicable substantive law, and accordingly, the trial court will be authorized, pursuant to statutory law, to grant divorce after 30 days from the time an answer would have been due.

What is the Difference Between an Annulment and Divorce?

Annulment of marriage is a judicial declaration that the marital state is invalid from its intended inception. If the marriage is invalid, it may be collaterally attacked and declared void in any appropriate court or proceeding where the validity of the marriage is properly in issue, either before or after the death of the parties to the marriage.

Georgia law provides that the statutory procedure for annulment of marriage is available for any marriage which is now or hereafter declared void by law. Generally, a marriage declared void by law is a marriage of persons unable to contract or unwilling to contract or fraudulently induced to contract (OCGA 19-4-1, 19-3-5). The one exception is an invalid marriage because of fraud, duress, or non-age where the child is born or to be born as a result of the union of the parties. If this is a case the only available remedy is divorce (Wallace v. Wallace 221 Ga. 510 (1965)).

If the grounds for annulment are the same as the grounds for divorce, Georgia law provides that parties to invalid marriages have the option of filing a petition for annulment or a petition for divorce. However, the remedy of annulment, which implies an invalid marriage, and that of divorce, implying a valid marriage, would seem to be mutually exclusive with different objectives. The key issue on whether or not there is a granting of an annulment or a divorce is whether there can be a judgment decree for divorce and alimony. An annulment will not support alimony, but a divorce based on lack of understanding or duress will also prevent alimony.

The procedure for annulment is filing a petition by the party seeking the annulment or by the next friend in the case of minors or persons of unsound mind. Georgia law provides that all matters of residence, jurisdiction, service procedure, pleading and practice shall be the same as now or hereafter provided by law for obtaining a divorce, with the exception the decree of annulment may be ordered at any time in open court or in chambers, when personal service is had at least 30 days beforehand and no contest or answer is filed (OCGA 19-4-4).

Call 678-922-9743 to Receive 24/7 Availability

The way a divorce is handled has the ability to impact all involved parties for the rest of their lives, for better or for worse. At Howard Law Group, our goal is to guide you toward a favorable resolution that inflicts minimal damage on the relationships you care most about. Fighting hard for our clients is the rule rather than the exception at the firm, and our Douglas County divorce attorney will work aggressively for the best outcome in and out of court.

To learn more about how we can assist you during this important time, do not hesitate to contact our firm by calling (678) 922-9743 to schedule a consultation.