What to Expect
The first thing to expect in a divorce is a wide range of strong emotions. As your divorce attorney, part of our job is to help you to make logical decisions at a time when you may not be thinking clearly. People going through a divorce can make a lot of bad choices due to anger, misplaced trust or even a desire to “just get it over with”. Call us for a FREE CONSULTATION to learn more.

Grounds for a Contested Divorce
In Georgia, there are defined grounds for filing for a contested divorce. The established grounds for filing uncontested divorce in Georgia are:

  • Marriage between close blood relatives
  • Mental incapacity at the time of marriage
  • Impotency at the time of marriage
  • Adultery occurring during the marriage
  • Habitual intoxication
  • Willful and continued desertion
  • Incurable mental illness
  • Cruel treatment including willful infliction of pain which reasonably justifies concerns of danger to life, limb or health.
  • Criminal conviction requiring incarceration of two years or longer.
  • Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband.
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    A Warning to You
    From the moment your fights started including the word “divorce” your actions and words may be recorded or otherwise documented. You need to restrain yourself from displays of anger, inappropriate behaviors and certainly any acts of aggression or violence. This is a time when you need to be on your absolute best behavior. One seemingly simple mistake can cost you a lot.

    Temporary Orders
    Temporary Orders are almost a certainty when you file for divorce. There is a need to clarify where each spouse will live, how much access they may have to their home or possessions, child custody and visitation and more. If your divorce is especially nasty you may need a restraining order or Temporary Protective Order to protect yourself.

    Legal Separation
    In Georgia, when spouses are living separately, either spouse may petition the court for child support or spousal support without having filed for divorce. The other party will be notified of such a petition, and the judge can grant a support order, which is legally enforceable, and subject to contempt charges if disobeyed.