Hinesville Divorce Lawyer

Helping Clients in Georgia Through Challenging Times

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 case because you and your spouse get to decide what is best for your family, rather than having a judge make the decisions for you.

A contested divorce, on the other hand, is one in which 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.

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 case. Our Jesup divorce lawyers can help you understand your options and guide you through the process.

What Is 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 case 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.

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 are able to 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 case. 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.”

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

The length of time it takes to get a divorce in Georgia depends on a number of 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 Lawyer 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 lawyer can also help you negotiate a settlement agreement, and, if necessary, represent you in court.

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

Steps for an Uncontested Divorce in GA

Here are the steps for an uncontested divorce in Georgia:

• File a divorce petition.
• Serve the petition on your spouse.
• Negotiate a marital settlement agreement.
• File the marital settlement agreement with the court.
• Attend a hearing.

If you and your spouse can agree on all of the terms of your divorce, you can file for an uncontested divorce. This will make the process much faster and easier than a contested divorce.

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 case 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.

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.