Distinctly Exceptional. Reasonably Affordable.
Top Atlanta Divorce Lawyer selected to Super Lawyers Rising Stars (2019, 2020, 2021, 2022, and 2023) handles all aspects of a divorce in GA, from temporary hearing to final hearing.
The overall divorce in GA process depends on many factors. Sometimes, the parties have a full marital settlement agreement regarding all issues related to their divorce. In this case, the divorce would be uncontested divorce in Georgia.
On the other hand, some divorce cases are highly contested. Contested divorce cases may be resolved via mediation, temporary hearing, and/or final hearing.
Top Atlanta Divorce Lawyer selected to Super Lawyers Rising Stars (2019, 2020, 2021, 2022, and 2023) also represents clients in matters related to custody, child support, alimony, custody modification, contempt, and family violence temporary protective order.
Atlanta Divorce Lawyer offers reasonably affordable fees. Also, flat fee may be an option for you.
Call Atlanta Divorce Attorney for a free consultation.
5-Star Reviews of Atlanta Divorce Lawyer 2023
“Daesik is a good lawyer, and he is a good person. He was so communicative. Daesik made sure I knew what was going on with every step of my divorce. I felt like Daesik was in complete control throughout the entire 9 months of the proceedings. Daesik fought for me and my children, and we got exactly what we wanted when it finally went to court. I would recommend him to any one of my friends, and already have.”
“He is excellent in every way! He is diligent thoughtful caring smart thorough listening professional and a good man and person. He explain things to me along the way and accomplished exactly what we set out to do. Thank you!”
“Communication is a two-way street. After firing another lawyer, a friend of mine found David Shin on Google and recommended to me. I should have hired him in the first place. David excelled in all aspects of providing legal services but especially in communication. He listened carefully to my situation, gave honest and realistic assessment, and forged a strategy that the opposing party could not ignore. He kept me abreast of the progress throughout the case and beyond. His sense of integrity and fairness, respect for legal precedents, and care for his clients will ensure that he have a long and prosperous practice helping thousands like me. I have found a lawyer for life!”
“Highly recommended. Yes! He won my case! Very thorough and organized. Extremely happy with his results. Very professional and super qualified. You won’t be sorry.”
“Mr. Shin was AMAZING. He listens to your concerns and wants. He is easy to reach and keeps you informed. He will put up a fight on your behalf. I was very comfortable with him. Based on his knowledge, tactics, actions, and words I had good faith in him. I told him “I trust your decisions and you can make the call you feel is best.” I didn’t have to say a word in court, I knew I was in good hands. He got the job done.”
“Shin was great! He’s very well informative. Keep you informed and response very quickly to any questions”
Top Divorce Attorney in Atlanta Selected to Super Lawyers Rising Stars: 2019, 2020, 2021, 2022, and 2023
Divorce in GA FAQ 2023:
Is GA a 50/50 divorce state?
Georgia is not a 50/50 divorce state. Marital property in divorce in GA is subject to equitable division. So, marital property is not necessarily split 50/50. The court looks at various factors to determine what would be an equitable division of marital property.
Apportionment of marital debt is a part of equitable division of marital property in a divorce in Georgia.
How long does divorce take in GA?
If the divorce in GA is contested, it could take at least several months for the divorce to be completed. Complex divorce cases could take more than a year or two to get finalized.
On the other hand, uncontested divorce cases could be a way to get a quick divorce in GA. A divorce in GA that is truly uncontested could generally be completed in a couple months.
Sometimes it is hard to tell at the beginning whether the divorce will be contested or uncontested. A divorce case that begins as contested could become uncontested later down the road if the parties reach a full settlement agreement.
How can I get a quick divorce in GA?
You may be able to get a quick divorce in GA if you and your spouse have come to an agreement on every issue in your divorce case. A divorce where there is a full agreement between the parties on all issues is called an uncontested divorce, which may be a way to get a quick divorce in GA.
If there is at least one issue that needs to be decided by the court, the divorce is contested.
How much is it to file for divorce in Atlanta?
The court filing fees for divorce in Atlanta are usually about $220. You will also need to have the other spouse served with the divorce papers. Service of process through the sheriff’s deputy usually costs around $50.
Private process servers have different rates. If the other spouse acknowledges service of process, you would not need to have the other spouse served through the sheriff’s deputy or private process server.
How long does it take to get an uncontested divorce in Georgia?
In an uncontested divorce, the court could grant a final judgment and decree of divorce 31 days after service of the divorce papers. Practically speaking, an uncontested divorce may take about one to two months, but the uncontested divorce may take longer if the divorce case began as contested.
Do I have to go to court for uncontested divorce Georgia?
If there are no minor children between the parties and the divorce is uncontested, oftentimes the court does not require appearance of the parties to get the divorce finalized.
Talk with your local Atlanta Divorce Attorney about how a specific judge in that county usually proceeds with uncontested divorce cases.
Can you file an uncontested divorce without a lawyer in Georgia?
Yes, you could file uncontested or contested divorce without a lawyer in Georgia. There is no requirement that you hire an attorney for divorce.
However, if this is your first divorce, you may want to at least chat with a divorce attorney about your options. If key documents for an uncontested divorce are not drafted correctly, this may cause serious issues down the road.
How much is a divorce lawyer in GA?
How much a divorce lawyer costs in GA depends on many factors, like the complexity of the case, the lawyer’s hourly rate, and whether the lawyer offers flat fee or not. A divorce lawyer’s hourly rate is usually about at least a couple hundred dollars per hour.
A complex divorce case that lasts more than two years, for example, could mean tens of thousands of dollars in attorney’s fees. Thus, getting a divorce in Georgia may be expensive.
Call Atlanta Divorce Lawyer for a free case evaluation. We also provide free consultation in Korean.
More Divorce in GA FAQ 2023:
What is a wife or husband entitled to in a divorce in Georgia?
In a divorce in Georgia, property that is considered marital will be equitably divided. Sometimes, a wife or husband may be awarded temporary and permanent alimony.
If there are minor children from the marriage, custody/visitation may be awarded as well. Consult with Atlanta Divorce Lawyer about what you would like to seek in your divorce case.
When is a divorce final in Georgia?
A divorce is final in Georgia when the final judgment and decree of divorce signed by the judge and a fully completed civil case disposition form is filed with the clerk of the court.
What happens after divorce papers are served in GA?
Within 30 days of being served with divorce papers in GA, the defendant needs to file an answer (and a counterclaim for divorce). If discovery is served with the complaint for divorce, the defendant needs to respond to discovery as well.
Discovery is a process through which the parties obtain relevant evidence from each other and from third parties.
The parties have generally six months to complete discovery.
Who gets the house in a divorce in GA?
The marital residence, just like other marital property, may be subject to equitable division in a divorce in GA. Determining who gets the marital house in a divorce in GA may be a complex issue.
Depending on the circumstances, the marital home may be viewed as a combination of marital and non-marital portions. Just because the marital residence is in one spouse’s name, this does not necessarily mean that that spouse will be awarded the marital residence.
Further, a home that was a spouse’s separate property before the marriage could be turned into marital property under certain circumstances.
Does my wife or husband get half of everything in a divorce?
No, the wife or husband will not get half of everything automatically in a divorce in GA. Marital property in a divorce in Georgia will be equitably divided, which means it could be 50/50, 40/60, or some other ratio. The court looks at many factors and the circumstances surrounding the divorce when dividing marital property. Marital property may include everything from cars to rental property. Marital debt may be apportioned as well in a divorce case in Georgia.
Who gets the children in a divorce in Georgia?
Who gets the children in a divorce in Georgia depends on multiple factors called the best interests of the child standard. The court would look at factors like each parent’s knowledge and familiarity of the child and the child’s needs and the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
Sometimes, the court may appoint someone to investigate and make a recommendation regarding custody.
Should I file for divorce first in Georgia?
Sometimes, it matters who files for divorce first in Georgia. Who files for divorce first (and therefore, which spouse is the plaintiff) may have an impact on, for example, how the evidence may be presented at the final hearing.
Generally, the plaintiff presents his or her case first, and then, it is the defendant’s turn. Presenting evidence (and its sequence) is usually a part of trial strategy, and whether you are the plaintiff or not could have an effect on presenting evidence.
Also, if you file first, you would pay the court filing fees and service of process fees.
How can I get out of paying alimony in Georgia?
Some types of alimony may be modified depending on the circumstances. Other types of alimony, such as lump sum alimony, cannot be modified. The final judgment and decree of divorce should have language regarding which type of alimony was awarded. If the alimony is modifiable, change in income and financial circumstances of either former spouse could be the basis for reducing the amount of alimony.
Also, if the former spouse who is receiving alimony voluntarily lives with a third party with whom the recipient spouse is in a sexual or romantic relationship, downward modification of alimony may be warranted. Atlanta Divorce Lawyer may be able to help you modify your alimony.
Grandparents’ rights in GA
Depending on the circumstances, grandparents could seek court-ordered visitation with or custody of their grandchildren in Georgia. Parents have a constitutional right to the care and custody of their children. However, under certain circumstances, Georgia law allows children’s interests to prevail over their parents’ constitutional right to custody.
Grandparents seeking custody of their grandchildren must first prove that there would be physical harm or long-term emotional harm to their grandchildren if their parents continue to have custody of them. Then, the grandparents must prove that awarding them custody of the grandchildren would promote the grandchildren’s happiness, health, and welfare.
Talk with Divorce Attorney in Atlanta to see if you have grounds to seek custody of your grandchildren.
Contact Atlanta Divorce Lawyer 2023 for Free Consultation
Shin Law, LLC
1225 Johnson Ferry Rd, Ste 300, Marietta, Georgia 30068
Courthouses in the Metro-Atlanta area:
Cobb County Superior Court: 70 Haynes St, Marietta, Georgia 30090
Fulton County Superior Court: 136 Pryor Street SW, Suite C-155, Atlanta, Georgia 30303
DeKalb County Superior Court: 556 North McDonough Street, Ground Floor, Decatur, Georgia 30030
Gwinnett County Superior Court: 75 Langley Dr, Lawrenceville, Georgia 30046