Ask the Experts: Common Questions About Divorce

Here at Oxendine Family Law, we are always happy to answer questions that we receive from our clients before, during, and after a divorce has taken place. Every divorce is different and there is no question too small or insignificant when it comes to making sure our clients truly understand all aspects of their divorce process. Here we answer a few common questions about divorce.

Question #1: Where do I have to go to officially file for divorce?

In Georgia, the spouse filing for divorce is typically required to file a divorce complaint in the Superior Court in the county where their spouse currently resides. In cases where the spouse no longer resides in Georgia, you will have to file the complaint in the county of your own residence. Some people are granted the ability to file in their own county of residence if their spouse consents to this arrangement, or if the spouse previously lived with them and has been gone for less than six months. Issues surrounding jurisdiction can be complicated, so it is best to seek advice from counsel as to the appropriate County in which to file your case.

Question #2: What is the difference between an “at fault” divorce and a “no fault” divorce?

An “at fault” divorce occurs when one spouse successfully alleges that the other spouse caused the breakdown of the marriage (i.e. in the case of adultery). In certain circumstances, filing for an “at fault” divorce is not only appropriate but necessary. However, the vast majority of divorces in Georgia are filed as “no fault” divorces on the grounds that the marriage is irretrievably broken with no hopes of reconciliation. Your attorney can determine based on the facts of your situation the most appropriate grounds for divorce in your unique circumstances.

Question #3: What can a court decide during a divorce?

In addition to commonly considered factors like child custody, child support, and alimony payments, the court can rule on other considerations as well. This includes each parent’s parenting time schedule, division of property, and division of the couple’s debt. Additionally, the court can give a wife back her former (maiden) name if this is requested. In some cases, the court can also decide preliminary issues including whether the case should be heard in Georgia, whether the couple was ever technically legally married, and whether certain property can be divided in the divorce.

We understand that anyone entering the divorce process will have their own unique questions and concerns. We encourage you to ask questions, get educated and seek the best advice for your specific case. For more information, contact Oxendine Law at (770) 497-8688 today to schedule a meeting in-person, over the phone, or by video conference. And follow along with us on Facebook, Twitter, and Instagram for additional family law tips, news, and more helpful information.