Getting a divorce can be a short and fairly easy task, or a complicated process that can last a long time. Under Georgia divorce law a couple can be granted a divorce thirty-one days after the defendant has been served the divorce complaint, provided the couple are in agreement and the divorce is considered uncontested. However, if there are disagreements on custody or child support, or disputes about the distribution of the marital assets, then the divorce will last longer.
If there are disagreements which cannot be resolved, a divorce will enter the GA court system. The divorce will not be granted until the case gets to court. Depending on the volume of cases it could take several months before a case is heard in court. A good Atlanta divorce attorney will be able to advise their client on the approximate wait time before going to court.
If the divorce is going to court there are a few issues that can be addressed before the court date. One example is temporary custody of the minor children. A temporary hearing, which is not a final trial, can determine issues like custody, child support, and parental visitation for the non custodial parent. These decisions are not final and under the state’s law are in effect until the final divorce trial or if a later court amends the decision. Some people also ask for temporary orders that prohibit the other spouse from selling off or transferring assets. Each situation is different so it is important to talk with your Atlanta divorce attorney to ensure that your rights are protected during the waiting period.
Eventually the divorce case will be heard in court and many are handled with one hearing, called the final trial. At the final trial a judge or jury will rule on issues concerning the permanent custody of the children and visitation rights of the non-custodial parent. In Georgia a divorce law that took effect at the beginning of 2008 requires the sides to have an agreed parenting plan which covers many issues such as custody, visiting time, and decisions about the child’s education and healthcare. The plan is detailed and it is important to have the help of your Atlanta divorce attorney to make sure all the possible situations regarding the child are addressed.
Other decisions made at the final divorce trial relate to areas such as the distribution of marital assets and debts, alimony or spousal support, and parenting time. The judge will review all the information, including the parenting plan, and will hear testimony from each side before making a decision. Georgia divorce law also allows either party to request a jury trail and both sides can call witnesses to testify in their behalf. The wife may decide to take back her maiden name and this can also be done at the final trial.
Once the judge or jury has made their decision it is written into a court order and becomes official. Once this is done both sides are legally bound to obey the decision. If a side wants to contest, they can attempt to appeal the decision.