Divorce can be an emotionally draining time, but with a dedicated divorce lawyer on your side, it doesn’t have to be confusing. Fennell, Briasco & Associates are here with a brief overview of divorce procedures to help make it a little easier.
Consider Your Divorce Options
If you and your spouse are struggling to come to an agreement, then your divorce is considered “contested” by default. It’s common for disagreements to arise over child or spousal support, divisions of debt, parenting plans, and other personal disputes, but a good divorce attorney will fight for your best interests during a contested divorce to help get you your best result. Even contested cases can become uncontested during the course of the litigation if everyone reaches an agreement on all issues.
Please note that just because both parties agree to get divorced, that does not make your divorce uncontested. What makes a divorce uncontested is having the parties agree on all issues, including child custody, parenting time schedules, child support, division of assets and debts, and payment of attorney’s fees.
Legal Separation vs. Divorce
To obtain a divorce, the parties must show that they have been living in a “bonafide state of separation.” You can be living in this bonafide state of separation even if you continue to reside in the same house, so long as you are not engaging in marital relations.
This is not the same thing as being “legally separated.” A Legal Separation action, or Separate Maintenance, is a separate and distinct legal action where the parties stay legally married to one another, but separate their assets and debts as if they were getting a divorce. Despite the fact that this action is similar to a divorce, it does not formally divorce the parties so as to allow them to remarry. It does, however, sometimes allow parties to maintain certain spousal benefits, such as insurance coverage, even though the rest of the assets and debts having been divided.
File Official Complaint for Divorce
If you have questions, or if you need an Atlanta area divorce lawyer to represent your best interests, call Fennell, Briasco & Associates at 770-956-4030. We’re the experienced family law attorneys you can depend on for results.
Frequently Asked Questions about Filing for Divorce
What are the procedures to file for a divorce?
First, you must file a Complaint for Divorce in the correct county and court and have that Complaint served upon the opposing party. The Complaint must contain certain information to ensure it conforms with the state laws as well as any local rules for the County it is being filed in.