Divorce FAQs

Do I have grounds for divorce?
Under state law, you cannot simply decide to divorce and call it done. You must have a situation which qualifies as one of the grounds that are listed in Georgia Code § 19-5-3 (2012). These include:

• Incest
• Mental incapacity at the time of marriage, such as through intoxication
• Impotency at the time of marriage
• Use of force, threats or fraud to compel the other party to marry
• If the woman is-unbeknownst to the husband-carrying another man's child at the time of marriage
• Adultery
• Desertion for at least a year, provided that it is willful
• Conviction for a crime of moral turpitude with a sentence of at least two years
• Habitual drunkenness or drug addiction
• Domestic violence
• Incurable mental illness
• Irretrievable breakdown of the marriage

This last option of claiming an irretrievable end to the marriage is among the most common, as it provides the opportunity of obtaining a no-fault divorce. In order to request a no-fault divorce, however, the couple must have lived in Georgia for a minimum of six months before getting filing. There is no need for proving fault or wrongdoing within the marriage to get a no-fault divorce, but the couple must be separated without any form of sexual relationship.

How is child custody determined?
Whenever possible, the court encourages the parents to come to an agreement on child custody, but when the judge is required to intervene in the matter the factors which will be considered include each parent's emotional ties with the child, each parent's ability to provide for the child's needs and to provide a safe home environment and how to maintain stability in the child's life-all with the goal of safeguarding the child's best interests.

What I do to achieve an uncontested divorce?
The attorneys at Henrickson & Sereebutra understand how important it may be for you to avoid a contested divorce, both to save time and money and to spare you, your spouse and your children the considerable stress associated with courtroom battles. Even if you and your spouse do not currently agree on the issues involved in your divorce, an attorney from the firm may be able to help you settle these matters through mediation, in which the attorney acts as a neutral third party and does not represent either spouse but acts to facilitate discussions and advises on legal questions. Collaborative divorce is another option, whereby your attorney and your spouse's attorney sign an agreement to abstain from adversarial litigation, and work to achieve an uncontested divorce through all available means.

Why do I need an attorney?
While it is not necessary to hire a legal representative in a divorce or family law case, it is highly advisable that you do just that. There is a higher likelihood that you could hurt your situation if you attempt to handle everything on your own. The laws surrounding family issues and separation can be complicated and messy. It is already stressful and complex enough dealing with your soon to be ex-spouse and family members to have to add on additional responsibility. Having an experienced attorney with you during court dates and throughout the entire process can greatly increase your chances of obtaining the results you desire.