Readers of this blog know that, every once in awhile, we like to take a timeout just to answer some frequently asked questions that we hear a lot in our office. We believe an educated client is the best client, and so we offer this blog as well as our Legal Snack videos to make sure you are up to date on any questions you might have about your case.
Let's answer some of the questions we hear a lot in our law practice:
Georgia is a "no-fault" divorce state, meaning you don't have to give any reason for wanting a divorce other than "the marriage is irretrievably broken". Keep in mind this is only one of thirteen reasons for a divorce listed by statute in Georgia.
Other reasons are considered "fault" reasons, such as drug addiction, committing a crime that results in a prison sentence of more than 2 years, or adultery. If your spouse can prove that you are the reason for the marriage falling apart, you may end up paying extra for alimony or child support. It can also affect your visitation privileges.
Be honest with your attorney about everything that is going on in your marriage so that there are no surprises in court.
If your accounts are joint accounts, there's not much you can do until you actually file for divorce. Once you file and the order is served, an automatic court order goes into effect that prohibits any party from taking any action on marital property without the consent of the other party.
It is not only vital that you file, but that you seek the counsel of a qualified divorce attorney that can help you protect your assets throughout the entire divorce process.
Once you file for divorce, you cannot be taken off your spouse's health insurance without a court order. However, once the divorce is finalized, if you want to stay on your ex's health plan, you will need to go through COBRA to do so.
Remember that COBRA coverage is intended as a bridge when an employee loses their job or switches companies. It's short term, so you should be prepared to shop around for your own health insurance policy.
The simple answer is maybe. Each state has its own set of divorce statutes, so it's very important that you hire experienced, knowledgeable counsel who knows the Georgia laws and can help guide you through the process.
If you are in Henry, Clayton, or Fayette counties, Family Matters Law Group can help you with your divorce and custody case. We've helped many clients across the Atlanta metro area keep their assets and money, and receive favorable determinations when it comes to custody and visitation.
Setting up an initial consultation is easy: simply call or use our convenient online contact form. We look forward to hearing your story and answering any questions you might have.