Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Almost half a million people live in the capital of Georgia. Many of those people are happily married and will be for the rest of their lives, but others will eventually need to dissolve their marriages. If you are facing divorce, you probably want to protect your financial future and your relationship with your children.
Being represented by one of the best divorce lawyers in Atlanta will help with those goals. This guide can help you find the right attorney for you.
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Best Divorce Attorneys in Atlanta
Compare Top Divorce Attorneys
Filing for Divorce in Georgia
Georgia divorce laws are relatively simple. However, just because the laws are simple doesn’t mean the process is simple. The complexity of a divorce depends on several factors, and while filing for divorce is easy, every step after that can potentially be quite messy. The State of Georgia website recommends that everyone getting divorced be represented by Georgia divorce attorneys.
Georgia Divorce Requirements
To get a divorce in Georgia, you or your spouse must have been a resident of Georgia for at least six months before filing for a divorce. If you meet that requirement, you can petition the Clerk of your county’s Superior Court for a divorce.
Types of Divorce and Separation in Georgia
Georgia is a no-fault state, which means you can file for divorce without giving a specific reason. However, it also allows petitioners to claim fault when filing for divorce. Some examples of fault that a petitioner can claim are:
- Infidelity
- Cruelty or abuse
- Desertion
- Impotence
- Force or fraud
- Imprisonment
- Close genetic relationship
- Mental incapacity
Georgia does not have any official separation laws. Until the divorce is complete, you are considered married by the state. This is important because it means that if you date while a divorce is pending, that behavior can impact the results of your divorce.
Child Custody, Support and Visitation in Georgia
The child custody laws in Georgia are designed to provide for the best interests of any child affected. Judges typically prefer joint custody when that is financially and emotionally safe. If joint custody isn’t an option, the non-custodial parent will almost always receive visitation rights. The best interests analysis considers factors such as the bond between child and parents, each parent’s relationship with the child, the ability of parents to provide for the child, the health of all the parties, parents’ work schedules and more.
The court will determine which parents have custody of any child 13 years old or younger. Children 14 years old or older may request a specific parent, which the court will usually respect.
Property Division in Georgia
Georgia is an equitable division state. This means that the court determines how to distribute all property based on what a judge considers fair rather than an even split. Factors considered include the financial status of each spouse, alimony, income, how the spouse behaved during the marriage, their future needs and their debts.
Finally, Georgia may assign alimony in some cases. It is not guaranteed but rather depends on the circumstances of the financial situation of both parties. Alimony can be permanent or for a specific time period. Factors considered include the length of the marriage, the standard of living during the marriage and the financial resources of the spouses.
Filing and Serving Your Divorce Papers
To file for divorce in Georgia, you must file a Divorce Complaint and other documents such as a Case Filing Form, Verification and Domestic Relations Financial Affidavit.
Serving divorce papers can be done in several ways. If it is safe, you can present the papers in person and ask your spouse to file them. When that isn’t a safe option, divorce lawyers in Atlanta usually hire a process server to deliver them in person or request the Sheriff’s office to serve the papers.
Finalizing Your Divorce
The divorce is finalized as soon as the judge issues a ruling. If the divorce is uncontested, a judge needs to accept the agreement. Usually, when this happens, you and your spouse won’t even have to be present for the divorce to be finalized. There is no waiting period in Georgia after a divorce is finalized.
How Can an Attorney Help You?
Even the most friendly of divorces are usually quite emotional. That can be problematic when trying to navigate the court system and civil law. Experienced Atlanta divorce lawyers can make the process much less emotionally stressful because they don’t have an emotional stake in the results.
Most divorce lawyers in Atlanta will try to help you reach an uncontested divorce. This doesn’t mean you and your spouse will necessarily agree on every point at first. It means the attorney will use mediation, negotiation or arbitration to reach an acceptable agreement that doesn’t require the court to make any decisions. If that fails, your attorney represents you in court and provides you with as strong a case as possible.
How to Find the Best Divorce Lawyer in Atlanta, GA
When considering which of the divorce lawyers in Atlanta are best for your needs, you should consider the following factors:
- Arbitration or mediation experience. As tempting as it can be to take your spouse to court and try to wrestle as much money from them as possible, it will usually save you time and money to negotiate.
- Financial background. If you have significant assets or believe your spouse may try to hide assets from you, a lawyer with a financial background is ideal.
- Languages spoken. This only applies if English isn’t your native tongue. Divorces usually involve a lot of complex and personal questions that are a lot easier to answer if the attorney speaks your native tongue fluently.
Methodology
To come up with the best divorce lawyers in Atlanta of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
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Frequently Asked Questions (FAQs)
How much will a divorce lawyer cost?
That is almost impossible to answer. Divorce lawyers charge by the hour, and divorce cases can take anywhere from a few hours to hundreds of hours. However, if you are concerned about the cost of a lawyer, you should try to work with a lawyer who is good at mediation or arbitration since those approaches usually cost less.
How quickly can a divorce be completed in Georgia?
If you and your spouse agree, you can potentially complete your divorce in 31 days (assuming the court has a relatively light schedule). There is a required 30-day waiting period after one party files for divorce. Typically, only a single hearing is required in an uncontested divorce, which can speed the process up compared to contested divorces. A contested divorce may take six months or more to complete.
Should I file a no-fault divorce claim even if my spouse cheated on me?
There are advantages and disadvantages to claiming fault in a divorce. The biggest disadvantage is that you must prove a fault claim in court to benefit from it. This usually means the divorce will take longer, and you will spend thousands more on legal fees.
Even if a judge agrees your spouse was at fault, you might not get enough extra property in the division to make up for how much you spend on your lawyer.
