Divorce Attorney In Augusta, Georgia
Serving Columbia County, Richmond County, & Burk County
Alex M. Brown Law, LLC, is here to represent you when you’re going through a divorce in Georgia. To file for a divorce in Georgia, at least one spouse needs to have been a resident of the state for six months before filing a petition for divorce. If you are not sure where you should file, our law firm can help answer your questions and give you expert advice on your legal options.
When spouses are living separately, either spouse may petition the court for alimony or child support without having a divorce pending. The other party will be notified of such a petition, and the judge can grant such an order to be enforced in the same manner as a divorce.
Mediation or Counseling Requirements
In contested divorce cases, the judge may refer the couple to mediation before a final hearing can be scheduled to resolve your divorce. This is particularly important in cases involving child custody and children’s issues.
Georgia is a marital property state, which means that any assets and debts acquired during the period of the marriage is subject to marital division. There are certain exceptions to this rule, to include gifts and inheritance, but it requires proof of where those funds were received and that they were not comingled with marital property. There are always exceptions to the rule, and it is important to have a skilled attorney representing your interests in dividing marital property.
Alimony may be awarded on either a temporary or permanent basis. A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the dissolution of the marriage was caused by that party’s adultery or desertion.
Alimony may be awarded in accordance with the needs of the party seeking alimony and the ability of the other party to pay. Unless otherwise provided, alimony shall end upon the remarriage or cohabitation of the party receiving alimony or upon the death of either party. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other.
The following shall be considered in determining the amount of alimony, if any, to be awarded:
- What kind of standard of living you created during the marriage.
- How long your marriage lasted.
- How much income you and your spouse each earn.
- Your age and health status.
- How long it would take to gain training for a job that could financially support you.
- What you contributed to the marriage (which could include caring for children, etc.).
- Any other factors that the court decides are relevant.
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