Divorce Law Services in Buckhead Atlanta
Many couples never anticipate a divorce. Therefore, they do not plan for the emotional distress and financial burden that may come as a result of the process of going through a divorce. The decisions that are made during your divorce can affect your life and the life of your children for years to come. However, an experienced divorce law attorney who will diligently advocate for you (and is experienced in divorce law) can help you achieve the best outcome possible during this stressful time in your life. At S. Dixon Law Offices, we are a divorce law firm dedicated to protecting our clients’ rights in divorces involving marital debt division, child custody, marital property division, child support, and spousal support. It is important to consider various factors when you choose a law firm for your divorce or conflict resolution services.
We practice Family & Divorce Law and have recently included Family Law Mediation Services in our extensive Menu.
Attorney Stephanie D. Dixon is a registered Mediator for the “State of Georgia”. It is also important to note that the Attorney that mediates your case cannot be your divorce attorney as well. This would be a direct conflict of interest.
Does your potential lawyer have experience with “Georgia Divorce Law”?
Attorney Stephanie D. Dixon and her team have over a decade of experience in Divorce Law. This includes Child Custody, Child Custody Modification, Child Support, Child Visitation, Alimony, Adoption Law, and all aspects of Georgia Family Law. We have represented many clients in the last several years that came to us for or their initial divorce and ended up coming back for custody and child support modifications after the fact. The goal is always to create the best possible scenario for the children and the entire family.
Does your potential lawyer have a willingness to prepare you for potential upcoming legal fees?
S. Dixon Law offices provide competitive fees to their clients, seeking a divorce, and though the location calls for many high-end divorces, the firm remains priced well within the standard of the legal community in the Atlanta area. S. Dixon Law Offices offers fee-based consults. Fees will be discussed during your initial consult, so there are no surprises when it comes to your invoice or statements to come. Any changes to fees during the process will be clarified by the legal team along the way.
Will your lawyer diligently advocate for you?
S. Dixon Law’s team of professionals can help you achieve the best possible outcome for your divorce. Stephanie D. Dixon is a well-known Atlanta Attorney who will zealously advocate for you. S. Dixon Law Offices is very familiar with the Atlanta metropolitan area courts and has argued before many local judges. She handles high-profile divorces, same-sex divorces, high-conflict divorces, domestic violence cases, contested child custody matters, etc.
We are dedicated to informing our potential clients of the latest news and articles as it relates to Family & Divorce Law! Read our latest articles>>
When you hire Attorney Stephanie D. Dixon, you can count on strong advocacy, fair fees, and personalized attention. As a former Georgia State University Adjunct Professor and active alumna of Georgia State University and Howard University School of Law, she is well versed in Georgia Family and Divorce Law. Dixon
DIVORCE LAW QUESTIONS & ANSWERS
Q: What is an uncontested divorce?
A: An uncontested divorce DOES NOT mean that both parties want to end their marriage in divorce. However, it does mean that both parties agree on ALL of the terms and issues pertaining to their divorce, such as child custody and visitation, child support, alimony (spousal support), division of marital property and division of marital debt. An uncontested divorce means that NO ISSUES pertaining to the divorce are contested.
Q: What is a contested divorce?
A: In contested divorces, the parties are adversarial and unable to agree on the terms and issues of the divorce. The parties usually disagree on one or all of the following issues: equitable division of property, alimony, payment of debts, child custody and visitation, child support and attorney fees.
Q: Does Georgia recognize common law marriage?
A: As of January 1, 1997, Georgia no longer recognizes common law marriages.
Q: Where do I file for divorce?
A: In most divorces, the petition is filed in the Superior Court in the county where the Respondent resides. We advise you not to take your divorce case into your own hands. Divorce Law is quite complex, and you don’t want to go to court without proper representation.
The 13 Grounds for Divorce in Georgia
- Intermarriage by persons within the prohibited degrees of consanguinity.
- Mental incapacity at the time of the marriage.
- Impotency at the time of marriage.
- Force, menace, duress, or fraud in obtaining the marriage.
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown by the husband.
- Adultery in either of the parties after the marriage.
- Willful and continued desertion by either of the parties for a term of one year.
- The conviction of either party for an offense involving moral turpitude and under which he or she is sentenced to imprisonment in a penal institution for a term of two years or longer.
- Habitual intoxication.
- Cruel treatment.
- Incurable mental illness.
- Habitual drug addiction.
- The marriage is irretrievably broken.
Many of the statutory grounds for divorce are not often alleged or relied upon by parties seeking a divorce in Georgia. This includes Intermarriage between close relatives, mental incapacity, impotency at the time of marriage, force in obtaining the marriage, pregnancy of the wife by a man other than her husband at the time of the marriage, conviction and imprisonment of one spouse for a term over two years, incurable mental illness, and habitual drug addiction or intoxication. On the other hand, the most often relied upon grounds for divorce include adultery, desertion, cruel treatment, and that the marriage is irretrievably broken.
In Georgia, legally speaking, a person commits adultery when he or she has sexual intercourse with a person other than his or her spouse. Owens v. Owens, 247 Ga. 139 (1981). Adultery may serve as a ground for divorce, even if committed after the parties have separated. Adultery may be proven by direct or circumstantial evidence. However, as adultery is often committed in secret, it may be difficult to gather evidence sufficient to prove this allegation.
According to O.C.G.A. § 19-5-3(10), in order to constitute a ground for divorce, cruel treatment must consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health. Cruel treatment has been defined in Georgia case law as the wanton, malicious, and unnecessary infliction of pain upon the body or feelings and emotions of an individual; abusive treatment; inhuman or outrageous treatment. Mills v. Mills, 218 Ga. 686 (1963).
To successfully allege desertion as a ground for divorce in Georgia, a party must prove three elements:
- The Willful and intentional absence of the at-fault spouse, which was not caused or justified by the conduct of the other spouse nor with the other spouse’s consent.
- A cessation of cohabitation either by the physical absence or by the denial of conjugal relations without justification.
- The willful absence and cessation of cohabitation must endure for a period of one year continuously.
As with adultery and cruel treatment, the grounds of desertion and cruel treatment are not inconsistent. Both grounds may be alleged in the same petition and based on the same facts, as cruel treatment may be proven by showing the denial of conjugal rights or the refusal of one spouse to cohabit with the other
Marriage is irretrievably broken
An irretrievably broken marriage is one where “either or both parties are unable or refuse to cohabit, and there are no prospects for a reconciliation. A divorce predicated on the ground that the marriage is irretrievably broken, it is not necessary for the parties to show that there was fault on the part of either party. The parties must merely state that their marital differences are insoluble, that there is no hope for reconciliation and that they request a change of status. Seeing that this ground for divorce is based on the premise that the marriage is broken beyond repair and there is no hope for reconciliation if a complaint of divorce is brought upon the sole allegation that the marriage is irretrievably broken, subsequent reconciliation and cohabitation of the parties will terminate the action for divorce.
For Appointments Our Office Hours Are:
Monday – Thursday: 8:30 a.m. – 5:30 p.m.
Friday: 8:30 a.m. – 1:00 p.m.