What Are the Main Legal Steps in Divorce Proceedings?

For those going through it, divorce is a very personal and emotional process; but to the courts, it’s always just a legal process. The courts therefore expect everything to be done exactly right. A divorce attorney in Atlanta, GA can help you to get through all the following legal steps as smoothly as possible.

What Are the Main Legal Steps in Georgia Divorce Proceedings?

1. Getting a Divorce Attorney in Atlanta, GA

A divorce attorney deals with all the legal complexities of divorce on your behalf, from ensuring all paperwork is correctly filed and deadlines are met to protecting you by making sure asset divisions are fair and that child custody, alimony, and child support arrangements are as close to your goals as possible. Your attorney will also negotiate, represent you in court if necessary, and prevent you from making costly mistakes.

2. Filing Your Complaint

You’ll typically file your complaint for divorce in the county where your spouse lives. Your “complaint” is actually a legal document, and it explains the grounds for divorce and any requests you have about asset division, child custody, alimony, and other important issues.

3. Notify Your Spouse

The next step is to formally serve your spouse, which is giving them legal notice of the divorce. You can hire a private process server to do this or pay a fee for the sheriff’s department to do so. Your spouse then has a certain amount of time to respond.

If your spouse is amenable and the two of you are in agreement, your spouse just needs to sign an Acknowledgement of Service, which you can do together.

4. Responding

If your spouse is not cooperative, they have 30 days to file an answer with the court after getting notice of your complaint. They can also file a counter-claim if they want to challenge the grounds and the requests.

5. Discovery and Temporary Orders

Discovery is where both parties gather and exchange information, and your lawyer will take care of all this. Temporary orders are very much what they sound like: temporary court rulings about child support, custody arrangements, or spousal support that remain in effect until the divorce is finalized.

6. Mediation and Negotiations

Georgia courts often require couples to go through mediation, and this can save you both a lot of time and money. Your lawyers will work together to help you come to a compromise if at all possible, and the court typically honors these agreements unless they are found to be unfair or not in the best interests of any children involved.

7. Trial

If mediation and negotiations fail, the divorce will go to trial. During the trial, you’ll give evidence and have your lawyer present your case as convincingly as possible. The judge will make the final decision, and because things can get very unpredictable at this stage, it’s never smart to go to court without a lawyer.

Contact us now at South Atlanta Family Law in Stockbridge, GA, serving Atlanta, McDonough, and surrounding areas. We’re the area’s most trusted family law firm: let’s sit down for a consultation and see how we can help you get through your divorce smoothly.

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