Georgia Divorce Lawyers

The divorce process can be a difficult time for anyone involved, both emotionally and financially. For men in Georgia, it can feel overwhelming, especially if they have a complex divorce case. Georgia courts might seem like they have a bias in many divorce proceedings. As a result, men may worry about losing assets, income, and time with their children.

Georgia’s family laws make no distinction between men and women in matters like child custody and property division, but that does not mean that the courts treat everyone equally all the time. If you try to face the legal system alone, you may risk an unfair outcome. Divorce is stressful, and divorce law is complicated. The good news is that high-quality representation is available.

Cordell & Cordell is an aggressive, experienced divorce law firm that advocates for men in Georgia divorce cases. We can help your voice be heard in court.

Why Choose Cordell & Cordell for Your Divorce in Georgia?

The divorce lawyers at Cordell & Cordell have more than thirty years of experience representing men in divorce cases. We have dedicated our practice to legal issues that affect men in family law matters, including fathers’ rights in child custody cases and fair distribution of marital property.

Men may face a certain amount of bias in Georgia divorce cases, which are often based on ideas about the different roles of men and women in our society:

• Men have traditionally been the “breadwinners,” which can result in court orders for property division, alimony, and child support that favor the wife.
• Women have traditionally cared for the children, which can lead to child custody decisions that seem unfair to the fathers.

Georgia law gives both spouses a fair chance in a divorce or other family law case. Our firm takes an aggressive approach to making certain that the courts respect our clients’ legal rights. We advocate for our clients just as zealously when discussing settlement agreements as when we argue cases in court.

Client Experiences

“My attorneys have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. My attorneys treated me as a person and not just as another case. I felt they were concerned about the issues I was personally facing and that meant a lot to me. Thank you!” — Brian H.

“His ability for depositions was great. He’s really good with questions and keeping things on track and organized mentally. He’s a great attorney.” — Jonathan U.

Understanding Georgia’s Divorce Process: What Men Need to Know

A Georgia divorce case involves several important issues that affect men, including child support and custody, spousal support, and property division. Cordell & Cordell has extensive experience representing men in these matters.

Divorce vs. Legal Separation

It is possible to separate without going through a full divorce. Georgia’s version of “legal separation” is known as “separate maintenance.” A legal action for separate maintenance is similar to a divorce. Spouses can live apart and address issues like child custody, visitation, child support, and spousal support without officially divorcing. People may choose this option for religious, financial, or other personal reasons. For example, a couple might want to get a divorce, but they must maintain a legal marriage to keep healthcare coverage.

Divorce Residency Requirement

To file for divorce in Georgia, either spouse must have been a resident of the state for at least six months before filing.

Grounds for Divorce

Georgia allows for both “no-fault” and “fault-based” divorce. No-fault divorce is based on the assertion that the marriage is “irretrievably broken.” Fault-based grounds include:

• Adultery;
• Desertion;
• Mental incapacity; and
• Cruel treatment.

Interestingly, adultery is technically still a misdemeanor crime in Georgia, although the state has not prosecuted anyone for it in several decades. Still, if someone is accused of adultery in a divorce, it could be advisable to “plead the fifth.” This helps them remain silent on otherwise embarrassing and sensitive issues. Because divorce is civil, not criminal, though, a court can infer guilt from the person’s refusal to answer.

Property Division During Divorce

Georgia is an “equitable division” state. A court will divide marital property fairly but not necessarily equally. Factors that a court may consider when determining an equitable division of property include:

• Each spouse’s financial circumstances;
• Each spouse’s contributions to the marriage, financial and otherwise; and
• The length of the marriage.

Courts in Georgia will presume that anything earned or acquired during the marriage is marital. Some property acquired during a marriage remains separate, such as inheritance. The spouse receiving that property must keep it separate from marital property.

Equitable division may not feel fair in some cases. Judges often take non-financial contributions into account. For example, suppose that one party has been the stay-at-home caregiver for the children while the other has been the breadwinner and responsible for paying the bills and saving for the parties’ futures. All retirement and savings will likely be held in one party’s name. When it is time to distribute those assets, almost everything will come from that person’s side of the equation with little to no offset from the other party’s assets.

Identifying and Dividing Assets

This process typically involves several steps:

• Inventory Assets: Compile a comprehensive list of all assets, including real estate, bank accounts, retirement accounts, vehicles, investments, etc.
• Determine Ownership: Is each asset separate property or marital property?
• Valuation: This may require professional appraisals for assets like real estate, businesses, or valuable personal property.
• Division: If the parties are unable to negotiate a fair division, a judge will determine the division of the assets.
• Formalization: If the parties reach an agreement on property division, they can formalize it in a written settlement agreement that will be incorporated into a court order.

Protecting Your Assets and Rights in a Georgia Divorce

The following strategies can help you protect your assets and secure a fair financial settlement in your divorce.

Prioritize Your Assets

Divorce is not about “winning.” Everyone stands to lose when it comes to dividing assets and splitting time with the children. No one comes away from a divorce with more than before. The real question is how much you are willing to give up. People who understand this earlier rather than later usually have an easier time.

You can start by identifying the assets that are most important to you. Organize these assets by priority. Let your divorce attorney know as soon as possible so they can prepare a strategy. If you aren’t sure, your attorney can help you explore your options.

Consider your personal circumstances and goals when deciding which assets to prioritize.

• If post-divorce cash flow is a concern and you have an asset that can produce revenue, such as rental property, it might make sense to prioritize that asset.
• If you have an asset that costs you money, like a boat that is always breaking down, you might deprioritize that asset.

Related: Are Gifts Between Spouses Subject To Division In A Georgia Divorce?

Identify and Protect Valuable Assets

Be sure to note any assets that have particular value. This could mean financially valuable assets as well as assets that have great personal value, such as family heirlooms.

Create a Domestic Asset Protection Trust

An asset protection trust is a specialized irrevocable trust that can insulate your assets from creditor actions, including lawsuits. You cannot use it to hide marital property from your spouse, but it can protect nonmarital property from the divorce case.

Establish a Postnuptial Agreement

You and your spouse can sign an agreement after you get married regarding matters like division of marital property. If you think you might be headed toward divorce, but you and your spouse are able to discuss the matter amicably, a postnuptial agreement can help you avoid a messy fight further down the road.

Review Any Prenuptial Agreements

The best way to prioritize and protect your assets is with a prenuptial agreement signed before the marriage. This can be a very cost-effective way to organize your assets, even if you never get divorced.

Understand Community Property Laws

Georgia is not a community property state. Instead, this state uses the “equitable distribution” approach to property division. A court will divide marital property in a way it deems fair.

Remember that “equitable” does not necessarily mean “equal.” Courts do not have to divide marital property exactly 50/50.

Keep your Inheritance Separate

Under Georgia law, any assets that you inherit during marriage remain your separate property. If you combine those assets with marital property, however, they could become marital property, too. It is important to keep any inheritance separate from other assets. If you inherit a sum of money from a relative, for example, you can set up a separate bank account for those funds.

Start Separating Bank Accounts

You cannot conceal assets from your spouse when preparing for a divorce, but you can begin separating assets that are under your direct control. Creating a bank account for your exclusive use can help you avoid messy financial problems once the divorce is underway.

Georgia Alimony (Spousal Support)

A court may award alimony, also known as spousal support, based on factors like:

• The duration of the marriage;
• The standard of living during the marriage; and
• Each spouse’s financial resources and earning capacity.

Georgia Child Custody

Georgia courts look for the best interests of the child when determining child custody. Factors that the court considers include:

• Which parent has been the child’s primary caretaker;
• The child’s relationship with each parent;
• Each parent’s ability to provide for the child’s needs; and
• The child’s wishes, if they are old enough to express them.

Winning Custody: Overcoming Bias and Fighting for Your Rights as a Father

Child custody cases are extremely important. The outcome of your custody case will determine your access to your children in the future.

One of the greatest challenges fathers face in custody cases is when the mother has often been the one to:

• Take the children to doctor’s appointments;
• Transport them to and from daycare/school;
• Stay home with them when they’re sick;
• Address school issues;
• Plan birthday parties;
• And so on.

This can put a father at a disadvantage in a custody case. You need to take an active role in your children’s lives and not allow their mother to perform all these duties alone. It is helpful to your custody case, it is good for your children, and it can help you avoid the stress, anxiety, and depression that often afflicts men involved in custody battles.

Having a dedicated Georgia divorce attorney during a custody case is also vital. You need someone by your side who deeply knows the Georgia legal system and can guide you through the divorce process. An experienced family law attorney can help you avoid mistakes and advise you on what you should and should not do before, during, and after a custody case.”

Child Support

Georgia calculates child support using the “Income Shares Model,” which considers the gross incomes of both parents. The child support calculation also considers actors such as:

• The number of children;
• Work-related childcare costs;
• Health insurance costs; and
• Extraordinary expenses related to the children’s needs.

The Georgia Child Support Guidelines provide a formula based on these factors, which courts must use when calculating child support.

Divorce Temporary Orders

A court can enter temporary orders while a divorce case is pending. These typically address issues like:

• Child custody
• Child support
• Alimony
• Possession of the marital home
• Payment of debts

Temporary orders remain in effect until the divorce is finalized. It is often advisable to remain in the marital residence until you have reached an agreement on these issues.

Divorce Mediation

Mediation is typically required in divorce cases involving disputes over child custody or visitation. It can help the parties reach a settlement without going to trial.

Divorce Trial/Final Hearing

The time it takes to get to trial for a divorce in Georgia can vary. Uncontested divorces can take as little as 31 days when both parties agree on all terms. For contested divorces with disputes over issues like child custody or division of assets, it can take as much as a year or longer. Factors such as case complexity and court availability can affect the timeline.

Speak to an Experienced Georgia Divorce Attorney

A divorce lawyer who knows Georgia law can advise you of your options and give you an idea about what to expect. Cordell & Cordell’s aggressive litigation approach can help protect your rights and interests in a divorce.

Unique Resources Offered by Cordell & Cordell

At Cordell & Cordell, we care deeply about every client we represent. We offer resources that can help current, past, and potential future clients at any stage of the divorce process. Please check out the unique resources we offer:

• eBooks: We offer affordable eBooks on topics related to divorce in both Kindle and PDF formats.
• Podcasts: The Cordell & Cordell Men’s Divorce Podcast addresses issues that clients may face during their divorce cases, and it offers guidance on adjusting to life after a divorce.
• Virtual Town Halls: Every month, we host a free virtual town hall meeting with a panel of family law experts to address your questions.

Real Experiences: How Cordell & Cordell Has Helped Change Fathers’ Lives

We have advocated for father’s rights in a wide range of family law cases. We’ve even represented fathers and even grandfathers in protecting their rights to custody of their grandchildren when a custodial parent is incarcerated or guilty of domestic violence. Courts in Georgia must find that a child custody order is in the child’s best interest. Evidence of domestic violence weighs heavily against a parent. We successfully argued that a grandfather could best care for the children.

If you are facing a similar situation, please reach out to our team to learn about your legal options.

More Questions on Divorce Law in Georgia

Check out our comprehensive FAQs page on Georgia divorce laws, where we explore the answers to the following questions:

• How much does it cost to file for divorce in Georgia?
• Is Georgia a no-fault state for divorce?
• How long does divorce take in Georgia?

Ready to Stand Up for Your Rights?

Facing divorce in Georgia doesn’t have to mean losing everything. With Cordell & Cordell, you have a team of dedicated, aggressive lawyers ready to fight for your financial and family interests. Don’t represent yourself in court; let us be your advocate and ally in court. Contact us at 866-DADS-LAW or fill out our contact form today to discuss your case and how we can help.