Jesup Divorce Lawyer

Helping Clients Through Challenging Times with Our Hinesville Divorce Attorney

Divorce is often one of the most difficult experiences you will go through in your life. It is also a time when you need to make critical decisions that will impact your future and the future of your family. The Jesup divorce attorneys at Pirkle & Pirkle Law are here to provide the guidance and support you need to navigate the divorce process. Our family lawyers will work with you to help you understand your rights and options, and we will fight to protect your interests so that you can move forward with confidence.

Call (912) 205-5038 or contact us online to schedule a consultation with our team today.

Contested vs. Uncontested Divorce in Georgia

In Georgia, there are two ways to get a divorce: contested and uncontested. An uncontested divorce is one in which both parties agree on all of the key issues in the divorce, including property division, alimony, and child custody and support. An uncontested divorce is typically less expensive and much quicker than a contested divorce. It also allows you to have more control over the outcome of your divorce because you and your spouse get to decide what is best for your family, rather than having a judge make the decisions for you.

Engaging in mediation for an uncontested divorce can be a constructive step, enabling both parties to discuss and settle disputes in an amicable and private setting. The mediation process provides a platform for open communication and can significantly reduce emotional stress.

A contested divorce, on the other hand, is when the parties cannot agree on one or more of the key issues in the divorce. This requires the court to make decisions on your behalf. In a contested divorce, you will need to attend one or more hearings and, in some cases, a trial. Contested divorces are generally more expensive and take longer to resolve than uncontested divorces.

Throughout the contested divorce process, discovery becomes crucial, involving the formal exchange of information between both parties. This stage is vital for revealing assets and obtaining necessary evidence, which can significantly influence the outcome.

What Are the Grounds for Divorce in Georgia?

Georgia is a “no-fault” divorce state, which means that you do not have to prove that your spouse did anything wrong in order to get a divorce. Instead, you only have to show that your marriage is “irretrievably broken.” This is the most common way to get a divorce in Georgia and is known as a “no-fault” divorce.

In addition to a “no-fault” divorce, you can also get a fault-based divorce in Georgia on the following grounds:

• Adultery
• Desertion
• Imprisonment
• Domestic violence

Whether you file for a fault-based or “no-fault” divorce may depend on the specific circumstances of your situation. Our Jesup divorce lawyers can help you understand your options and guide you through the process.

It is important to consider the implications of choosing a fault-based divorce, as this can affect the division of marital assets and potentially impact alimony decisions. Consulting with a divorce lawyer ensures that you make informed choices aligned with your goals.

Understanding the Divorce Process in Georgia

In order to get a divorce in Georgia, you must file a “complaint” with the court. The complaint is a legal document that outlines your situation and the relief you are seeking. In addition to the complaint, you will also need to file a “summons” with the court. The summons is a legal document that notifies your spouse that you have filed for divorce and that he or she must respond within a certain period of time.

Once you have filed your complaint and summons, you must serve your spouse with a copy of the documents. This can be done by a process server or by certified mail. Your spouse will have 30 days to respond to the complaint. If your spouse does not respond within this time, you can ask the court to enter a default judgment.

If your spouse does respond to the complaint, the next step will be to begin the discovery process. This is the process in which both parties exchange information about their assets, debts, and other relevant information. This can be done voluntarily or by court order.

Discovery plays a crucial role, particularly in situations where there is suspicion of hidden assets or financial discrepancies. Attorneys can issue subpoenas for documents or request depositions to gather evidence that supports fair division of property.

Once the discovery process is complete, you and your spouse will attend a settlement conference. At the settlement conference, you will have the opportunity to negotiate a settlement agreement. A settlement agreement is a legal document that outlines the terms of your divorce, including property division, alimony, and child custody and support. If you and your spouse can agree on the terms of your divorce, you will not have to go to trial and can finalize your divorce much quicker.

If you and your spouse are not able to agree on the terms of your divorce, you will need to go to trial. At trial, both parties will have the opportunity to present evidence and argue their situation. Once the trial is complete, the judge will make a decision on the terms of your divorce. This is known as a “final judgment of divorce.”

Children & Divorce: Navigating Custody with a Divorce Lawyer in Hinesville

When navigating child custody and support arrangements, understanding the local court's expectations is crucial. In Hinesville, Georgia law focuses on the child's best interests when determining custody arrangements. Factors considered include each parent's ability to provide a stable environment, the relationship between the child and each parent, and the child's own wishes if they are of sufficient age and maturity.

Parents may seek shared custody arrangements, where both participate equally in the child's daily life, or sole custody, where one parent assumes primary guardianship. Working with a knowledgeable divorce attorney in Hinesville can be pivotal in crafting an arrangement that honors both legal guidelines and your family's unique dynamics, ensuring that decisions made prioritize the wellbeing of your child.

How Long Does It Take to Get a Divorce in Georgia with a Divorce Attorney?

The length of time it takes to get a divorce in Georgia depends on several factors, including whether your divorce is contested or uncontested, whether you and your spouse can agree on the terms of your divorce, and how busy the court is. In general, a contested divorce will take longer to resolve than an uncontested divorce. On average, it takes about 3 months to get an uncontested divorce in Georgia and about 6 to 12 months to get a contested divorce.

How Can a Hinesville Divorce Attorney Help?

Getting a divorce is a complex and highly emotional process. The decisions you make during your divorce will impact your future and the future of your family. That is why it is so important to have an experienced divorce attorney on your side. A divorce lawyer can help you understand your rights and options and provide the guidance and support you need to make informed decisions. A divorce attorney can also help you negotiate a settlement agreement and, if necessary, represent you in court.

Your attorney will be an invaluable asset during mediation sessions, ensuring that you receive fair treatment and that all settlements align with your best interests. They can offer strategic advice to bolster your position during negotiations or court proceedings.

Is Georgia a No-Fault Divorce State?

The requirements for divorce in our state include either you or your spouse having been a Georgia resident for at least six months prior to filing for divorce.

Like other states, Georgia maintains a no-fault divorce, which is the most common type of divorce in the state. It is based on the contention that the marriage is irretrievably broken and that the incompatibility of the spouses can never be remedied. This is the quickest path to divorce, but you and your spouse must also agree on the issues surrounding your divorce, such as child custody, property division, and more. A no-fault divorce cannot be granted until 30 days after a divorce filing.

Georgia maintains fault grounds for filing a divorce, such as adultery, desertion, and more. However, these grounds must be proven with evidence in court.

Does It Matter Who Files for Divorce First in Georgia?

Typically, it does not make a difference who files first for divorce in Georgia. The person who does not file the Complaint for Divorce can file an Answer to the Complaint and Counterclaim for Divorce requesting the same items as the filing party, for example:

• Child custody
• Child support
• Alimony
• Equitable division of property

Although who files first does not generally impact the outcome, filing first may offer the advantage of setting the initial terms for negotiation and can influence the choice of jurisdiction if the spouses live in different counties.

How Long Does a Contested Divorce Take in Georgia?

If the divorce is contested, meaning that there is a disagreement as to any matter pertaining to the divorce agreement, the divorce will be obtained once:

• The matter is heard
• Reviewed
• Decided by the court

In general, it is not uncommon for the entire process to take six (6) months to several years. 

This period may be further elongated if:

• Either party files additional motions
• Seeks a continuance of the proceedings
• Child support, custody or alimony are passionately disputed.

Engaging in thorough pretrial preparations and attempting pre-court settlements can potentially reduce the time required to resolve the disagreements, allowing for a more efficient process.

How Can Pirkle & Pirkle Law Help?

At Pirkle & Pirkle Law, we understand that divorce is a highly emotional process. That is why we are committed to providing the personalized and compassionate representation you deserve. We will work with you to help you understand your rights and options, and provide the guidance and support you need to navigate the divorce process. We will also fight to protect your interests so that you can move forward with confidence.

Call (912) 205-5038 or contact us online to schedule a consultation with our Jesup divorce lawyer today.