If you decide to separate from your spouse, it’s necessary to file legal documents to formally and legally dissolve the marriage. A divorce lawyer can take care of the paperwork and protect your interests in case the separation gets combative. Since rules governing issues like child custody vary between states, always consult an attorney in your area. Below is a brief guide to what residents of Georgia should know.

What to Discuss With a Georgia Divorce Lawyer

1. Confirm Your Residency & Where to File

For the Georgia courts to handle the proceedings, you must have lived in the state for at least six consecutive months. In a divorce, the “plaintiff" is the person filing, while the other party is referred to as the “defendant.” As the plaintiff, you must file with the superior court of the county where the defendant lives. If unable to locate your spouse—for instance, because they ran off—file with the county court where you live.

2. Discuss Separation of Assets 

Georgia is a so-called “equitable distribution” state. As such, the courts will try to divide any assets owned by you and your spouse fairly. The term doesn’t mean equally, however. The aim is to balance the scales and allow each person to start their independent life as “whole” as possible. Judges consider factors like each spouse’s income and individual assets. Since this approach can be very contentious—making it lengthy and costly—it’s usually best to agree on the division of assets outside of court, with the help of a divorce lawyer.

3. Determine Child Custody 

Under Georgia law, both parents have equal rights to child custody. You will need to figure out physical custody—who the kids live with—as well as legal custody, which refers to who makes decisions about issues like what school they attend. There are exceptions, such as if the minor’s safety would be endangered by one parent.

Hildebrand Law Office PC has been helping clients throughout Northwestern Georgia with family law matters for over 18 years. Attorney Jennifer E. Hildebrand provides personalized attention to every person who walks through her door, offering quality legal counsel and representation through every step of the process. Learn more about her services online. For a consultation with this seasoned divorce lawyer, call (706) 638-6009 today.