Athens, GA Divorce Lawyer

Call Us: 706-546-0999

Guiding You Toward Resolution of a Divorce

Divorce is an emotional and disorienting process. As you move through each stage, it helps to work with an attorney who keeps the case moving, explains your options clearly, and protects your rights.

Attorney Samuel E. Thomas represents clients in divorce cases in Athens and throughout Northeast Georgia, in both uncontested and contested divorces. He will help you pursue a resolution that fits your goals, and you will work directly with him from the first consultation through the final decree.

Addressing Each Aspect of the Divorce Process

Georgia divorce requirements

Residency: at least one spouse must have lived in Georgia for six months before filing (O.C.G.A. § 19-5-2).
Grounds: Georgia has 13 grounds for divorce. Most cases use the no-fault ground that the marriage is “irretrievably broken” (O.C.G.A. § 19-5-3).
Where to file: divorces are filed in Superior Court, generally in the county where the other spouse lives.
Timing: a no-fault divorce cannot be granted until at least 30 days after the other spouse is served. Uncontested cases can finish soon after that; contested cases take longer.
Mediation: many Georgia courts require mediation before a contested divorce goes to trial.

We counsel clients on every part of the divorce, including:

Child Custody and Visitation

Custody and parenting time are decided based on the best interests of the child. Georgia law gives neither parent a preference, and a child 14 or older can choose which parent to live with, subject to the court’s review. Custody also covers decision-making on education, health care, and religious upbringing. Learn more about child custody.

Property Division

Georgia is an equitable distribution state, meaning marital property is divided fairly, though not necessarily equally. Property one spouse owned before the marriage or received individually by gift or inheritance is generally separate and not divided. The court considers factors such as the length of the marriage and each spouse’s contributions and financial situation. Learn more about property division.

Child Support

Georgia uses an income-shares model: both parents’ gross incomes are combined, the support obligation is divided by each parent’s share, and the amount is adjusted for parenting time and other factors such as health insurance and child care costs.

Alimony

Alimony may be awarded on a temporary basis while the case is pending and on a final basis in the divorce decree. The court considers factors including the length of the marriage, each spouse’s age, health, earning capacity, and financial resources, and the standard of living during the marriage. Under Georgia law, a spouse whose adultery or desertion caused the separation is not entitled to alimony. Periodic alimony generally ends if the receiving spouse remarries, unless the agreement says otherwise, and the paying spouse can seek a modification if the receiving spouse is cohabiting with a new partner. Learn more about alimony.

We also handle high-asset divorce, dividing a business, pension and retirement benefits, prenuptial agreements, and contempt actions to enforce an existing order.

Your case will be handled with care and a firm commitment to a fair outcome for you and, where applicable, your children. When a case cannot be resolved by agreement, Attorney Thomas is prepared to present it in court.

Georgia Divorce FAQs

How long does a divorce take in Georgia?

A no-fault divorce cannot be granted until at least 30 days after the other spouse is served. Uncontested divorces can often be finalized soon after that. Contested divorces can take several months or longer, depending on the issues and the court’s schedule.

Do I have to prove my spouse did something wrong?

No. Most Georgia divorces are granted on the no-fault ground that the marriage is irretrievably broken. Fault can still matter for some issues, such as alimony.

What is the difference between contested and uncontested divorce?

In an uncontested divorce, the spouses agree on all issues, including property, debts, custody, and support. If any issue is disputed, the divorce is contested and may require mediation, hearings, or a trial.

Can I file for divorce in Georgia if I recently moved here?

Generally, at least one spouse must have lived in Georgia for six months before filing.

Contact Us

To talk about your situation, call 706-546-0999, email customerservice@samuelthomaslaw.com, or book a consultation online. You will work directly with your attorney throughout your case.