My spouse and I have agreed on everything. Do we really need a lawyer?
Even if your divorce is uncontested, you must still file all of the necessary divorce documents with the court. The use of a quality attorney will ensure that your divorce proceeding goes as smoothly as possible. Failure to file the proper court documents, or a poorly prepared Settlement Agreement will cause your divorce to be delayed and may create future problems.

Do we have to be separated to be divorced?
Yes. However, the term "separated" only means that you are no longer living together as husband and wife. This generally refers to the last time you shared the same bedroom or had sexual intercourse. You can be separated even though you are still living in the same household.

What if one of us lives in another state?
You can still be divorced in Georgia as long as one person meets the six month residency requirement.

What if one of us doesn't want a divorce?
As long as one person states that the marriage is irretrievably broken, with no hope of reconciliation, the court will grant a divorce. In some cases, if one person still believes that there is hope for a reconciliation, a judge may require the couple to go to marriage counseling before she grants the final divorce.

What happens to "our" property?
Georgia law divides marital property on a equitable basis. Equitable division of marital property does not necessarily mean exactly equal. You are not automatically entitled to one-half of any given material asset. You are entitled to an equitable division of the material property as a whole. Marital property generally refers to all assets acquired during the marriage. Marital property does not include property that one person receives by inheritance or gift.

How much alimony does the wife get?
Alimony is not automatic and, unlike child support, there is no set formula for establishing the amount of alimony. Many different factors go into determining the amount and duration of alimony, such as the length of the marriage and the earning ability of each person. Alimony can be either temporary or permanent and either periodic or lump sum.

What if I don't know where my spouse is?
Sometimes this happens. As long as you meet the six month residency requirement, a Georgia court will grant a divorce. However, you must state to the court that you do not know where your spouse is and you have no reasonable way of finding him/her. In this case your divorce is done by "publication". It takes longer than a standard uncontested divorce but your marriage is legally terminated.

Who gets custody of the child?
There are actually two types of custody: physical custody and legal custody. In most cases, both parents will have joint legal custody. This means that both parents have full access to all school and medical records and that both parents have equal rights and responsibilities for major decisions concerning the child. Generally, one parent will have primary physical custody subject to reasonable and liberal visitation by the non-custodial parent. When a child reaches the age of 14, the child has the right to determine with which parent he/she wishes to live. In cases where divorcing parents cannot agree as to which parent should have primary physical custody, then the decision is made by a judge based upon what the evidence shows is best for the child.

How much, and how long, is child support?
The non-custodial parent will have a child support obligation. It is determined by a formula based on a percentage of the parent's gross annual income and the number of children. Child support continues until a child reaches the age of 18, or finishes high school, whichever is later. Support for a child after 18, such as college expenses, is provided only if the parents agree at the time of the divorce.

What if we agree to waive child support?
The right to child support lies with the child, and Georgia Courts do not permit a divorcing couple to voluntarily agree to waive a child support obligation. Sometimes child support payments may be below the guidelines if both parents will have shared and joint physical custody, and/or if the non-custodial parent will be providing other types of support. In the absence of joint and shared physical custody, or other special circumstances, the non-custodial parent has a legal obligation to pay child support.

I've heard something about a divorce seminar that I have to attend?
All metro Atlanta counties require parents with minor children to attend a seminar for Divorcing Parents. The seminar is not an attempt to reconcile the marriage. The seminar's purpose is to help you make your divorce less stressful for your children. Both parents must go to the seminar but you are not required to attend together.

How much does a divorce cost?
That is like asking "How much does a house cost?". Generally, an uncontested divorce can be relatively inexpensive. Many attorneys will charge a set flat fee for an uncontested divorce. Contested divorces are usually handled on an hourly rate. The amount of the retainer an attorney will require usually depends upon the estimated difficulty of the case. Custody disputes are generally considered the most difficult types of divorce cases.