FAQs

At Naggiar & Sarif family law attorneys, our experienced Atlanta divorce and family law attorneys are dedicated to guiding clients through the complexities of Georgia family law. With decades of combined expertise in handling sensitive matters like child custody, property division, and alimony, we prioritize compassionate, strategic representation to protect your rights and future. Below, we’ve compiled common FAQs based on “People Also Ask” queries and typical client concerns. These insights draw from Georgia statutes and our firm’s proven track record in achieving favorable outcomes for Atlanta families. If you’re facing a family law issue, contact us for a confidential consultation—early intervention often leads to better results.

How long do I have to live in Georgia to file for divorce?

To file for divorce in Georgia, at least one spouse must have been a resident of the state for six months immediately before filing the petition. This residency requirement ensures the court has jurisdiction. We help Atlanta clients navigate this step efficiently, especially if one spouse lives out of state, by leveraging Georgia’s “Long Arm” statute for related issues like child support.

Is Georgia a no-fault divorce state?

Georgia allows no-fault divorces based on “irretrievable differences,” where neither spouse needs to prove wrongdoing, making it the most common ground for dissolution. However, fault grounds like adultery can influence alimony or custody. Our Atlanta family law attorneys recommend no-fault options for amicable separations to reduce costs and emotional strain—contact us to discuss if this fits your situation.

3. What are the grounds for divorce in Georgia?

Georgia recognizes 13 grounds for divorce, including irreconcilable differences (no-fault), adultery, desertion, and cruel treatment. Choosing the right ground can impact timelines and outcomes. With our expertise at Naggiar & Sarif, we’ve successfully represented clients in both contested and uncontested cases, ensuring your petition aligns with Georgia law for a smoother process.

How much does a divorce cost in Georgia?

Divorce costs in Georgia vary widely, from $200–$500 for simple uncontested filings to $15,000+ for contested cases involving assets or custody. Factors include attorney fees, court costs, and expert evaluations. To minimize expenses, our Atlanta divorce lawyers emphasize negotiation and mediation—schedule a consultation to get a personalized cost estimate.

How long does a divorce take in Georgia?

An uncontested divorce can be finalized in as little as 31 days after filing, while contested cases may take 6–18 months or longer. Delays often stem from disputes over custody or property. At Naggiar & Sarif Family Law Firm, our proactive approach has helped numerous Atlanta clients resolve matters faster, preserving family stability—reach out today to accelerate your case.

Do I need a lawyer for my divorce in Atlanta?

While not legally required for simple uncontested divorces, hiring an experienced attorney is crucial if children, assets, or alimony are involved to avoid costly mistakes. Self-representation risks unfavorable settlements. Our Atlanta family law team specializes in protecting your interests—many clients hire us early to safeguard their financial and parental rights.

What is an uncontested divorce in Georgia?

An uncontested divorce occurs when spouses agree on all terms, like property division and custody, allowing a quicker, court-free resolution after a 31-day waiting period. It’s ideal for low-conflict cases. If tensions arise, our skilled negotiators can facilitate agreements, turning potential disputes into efficient settlements.

How is property divided in a Georgia divorce?

Georgia follows equitable distribution, dividing marital property fairly (not necessarily 50/50) based on factors like marriage length and contributions. Separate property remains with its owner. Our Atlanta divorce attorneys excel in valuing complex assets like retirement accounts, ensuring you receive a just share—consult us to inventory your marital estate.

What is alimony and how is it determined in Georgia?

Alimony (spousal support) is court-ordered financial assistance for one spouse, determined by factors like income disparity, marriage duration, and standard of living. It’s not automatic and can be temporary or permanent. At Naggiar & Sarif, we’ve secured alimony awards for deserving clients in Atlanta—let our experts assess your eligibility.

How long do I have to be married to get alimony in Georgia?

There’s no strict minimum, but alimony is rare for marriages under three years and typically limited to one-third of the marriage length for shorter unions. Longer marriages increase likelihood. Our experienced team analyzes your circumstances to build a strong case for support.

What is child custody in Georgia?

Georgia courts award custody based on the child’s best interests, often favoring joint legal custody (decision-making) and shared physical custody. No parent has presumed superiority. As Atlanta child custody specialists, Naggiar & Sarif crafts parenting plans that prioritize your child’s well-being—hire us to advocate for fair arrangements.

How is child support calculated in Georgia?

Child support follows Georgia’s guidelines, based on both parents’ incomes, number of children, and custody time, typically 20–30% of the non-custodial parent’s income. Our firm uses precise calculations to ensure accuracy and fairness in Atlanta cases.

Can I modify child custody after a Georgia divorce?

Yes, custody can be modified if there’s a substantial change in circumstances, like relocation or parental fitness issues. At Naggiar & Sarif, we handle modifications efficiently, helping Atlanta parents adapt to life changes while protecting family bonds.

What happens to the family home in a Georgia divorce?

The marital home is equitably divided, often sold with proceeds split or awarded to one spouse who buys out the other. Custody needs influence decisions. Our real estate-savvy attorneys guide Atlanta clients through valuations and buyouts to maintain stability.

Can I date while my divorce is pending in Georgia?

It’s advisable to wait until finalization, as dating could be seen as adultery, impacting alimony or custody. Focus on resolution first. Naggiar & Sarif divorce attorneys provide discreet advice to navigate this sensitive phase.

How do I serve divorce papers in Georgia?

Serve via sheriff, process server, or acknowledgment of service; publication is a last resort. Our Atlanta team ensures compliant service to avoid delays.

What if my spouse doesn’t want the divorce in Georgia?

One spouse’s consent isn’t required; the court will grant it if grounds exist. We at Naggiar & Sarif manage resistant spouses compassionately yet firmly.

When should I hire a divorce lawyer in Atlanta?

Hire immediately if facing disputes over assets, custody, or abuse—early action preserves evidence and options. Our initial consultations empower Atlanta clients to make informed decisions leading to stronger cases.

Ready to Take the Next Step in Your Family Law Matter?

Don’t navigate the complexities of Georgia divorce or family law alone. Our dedicated Atlanta attorneys at Naggiar & Sarif are here to provide personalized guidance tailored to your unique situation. Schedule your confidential consultation today—call (404) 816-2004 or fill out our quick online form below. Early action can make all the difference in securing your future. Let’s start building a stronger tomorrow, together.