Best Divorce & Separation Lawyers in Marietta

About Divorce & Separation Law in Marietta, United States

Divorce and separation laws in Marietta, Georgia, govern the legal dissolution or termination of marriage and the arrangements for couples choosing to separate. This area of law addresses both uncontested and contested divorces, legal separations, custody arrangements, child and spousal support, and property division. Marietta, as part of Cobb County, follows Georgia state laws, but local courts and judges may have specific procedural rules. Understanding the local legal landscape is crucial for individuals seeking a fair resolution to their divorce or separation.

Why You May Need a Lawyer

While some divorces may proceed amicably, many situations can benefit from legal guidance. You may need a lawyer for the following reasons:

• Disagreement over child custody or visitation
• Disputes over property or debt division
• Concerns about alimony or child support payments
• Need for protection from domestic violence or an abusive spouse
• Uncertainty about your legal rights and obligations
• Questions about the enforceability of prenuptial or postnuptial agreements
• Complex financial assets or jointly-owned businesses
• Cross-jurisdictional issues or residency questions

Lawyers help ensure your rights are protected, paperwork is properly filed, and negotiations proceed smoothly, reducing the likelihood of unfavorable outcomes or future legal issues.

Local Laws Overview

In Marietta, divorce and separation are governed primarily by Georgia state law. Key aspects include:

• No-fault Divorce: Most divorces in Georgia are filed on the grounds of an "irretrievably broken" marriage, meaning neither spouse needs to prove wrongdoing.
• Residency Requirements: At least one spouse must have lived in Georgia for at least six months before filing in Cobb County.
• Separation: Georgia does not recognize "legal separation" in the way some other states do, but couples can file for "separate maintenance," which is similar and allows courts to address child support, custody, and alimony without dissolving the marriage.
• Equitable Distribution: Property and debts are divided fairly, though not always equally. The court considers each party's financial status, contributions, and other factors.
• Child Custody and Support: Custody decisions are made in the best interests of the child, with both parents typically encouraged to share responsibilities. The amount of child support follows state guidelines.
• Spousal Support (Alimony): The court may award alimony based on factors including one spouse's need and the other's ability to pay.
• Required Waiting Period: There is a minimum 30-day waiting period after filing before a divorce can be finalized, even for uncontested cases.

Frequently Asked Questions

What is the difference between divorce and separation in Marietta?

A divorce legally ends a marriage, while a separation means spouses live apart but remain legally married. In Georgia, couples can seek "separate maintenance," which provides court orders addressing support and custody issues without a divorce.

How long do I have to live in Marietta before filing for divorce?

At least one spouse must have lived in Georgia for six months before filing. You do not have to have lived in Marietta specifically, but you must file in the county where either spouse resides.

Can we file for divorce if we agree on everything?

Yes, this is called an uncontested divorce. You and your spouse can submit a settlement agreement covering all issues. The process is typically faster and less expensive, though a judge must still approve the agreement.

How are assets divided during a divorce?

Georgia uses the "equitable distribution" method, meaning the court divides marital property in a manner considered fair based on factors like each spouse's contributions, earning potential, and the length of the marriage.

What factors determine child custody?

Child custody decisions are made in the child's best interests. The court considers each parent's involvement, the child's relationship with each parent, stability, and any history of family violence, among other factors.

How is child support calculated?

Child support is based on Georgia's guidelines, which use both parents' incomes and consider factors such as health insurance and childcare costs. Modifications can be requested if circumstances change.

Can I get alimony or spousal support?

The court may award alimony to a spouse if there is a financial need and the other spouse can pay. The amount and duration depend on factors like the length of the marriage and each spouse's earning capacity.

How long does it take to finalize a divorce in Marietta?

Uncontested divorces can be finalized in as little as 31 days after filing, though it usually takes several weeks to months, depending on the court's schedule. Contested divorces take longer, sometimes several months or more.

Do I have to go to court for my divorce or separation?

Most divorces in Marietta require at least one court appearance, especially if there are contested issues. Uncontested cases may be resolved with minimal court time if all documents are in order.

What if my spouse and I cannot agree on certain issues?

If you cannot reach an agreement on topics like custody, property, or support, the court will decide for you based on Georgia law. Mediation may be ordered to help resolve disagreements before a trial.

Additional Resources

The following resources can help you learn more or find support regarding divorce and separation in Marietta:

• Cobb County Superior Court - Family Division
• Georgia Legal Services Program
• Atlanta Volunteer Lawyers Foundation
• Georgia Commission on Family Violence
• State Bar of Georgia - Family Law Section
• Marietta community counseling centers for support services
• Georgia Department of Human Services - Division of Child Support Services

Next Steps

If you are considering divorce or separation in Marietta, start by gathering important documents, such as financial records, prenuptial agreements, and any evidence related to custody or support issues. Consider speaking with a family law attorney who understands Cobb County courts and Georgia law. Initial consultations can help you understand your rights, responsibilities, and the best path forward. If finances are a concern, research local legal aid organizations that may offer free or reduced-cost legal assistance. Above all, seek support for your emotional well-being during this challenging time, as divorce and separation can be stressful for everyone involved.