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Our Cumming Georgia and Forsyth County divorce attorneys and family lawyers have over seventeen years of experience in complex and routine cases.
The Cumming Georgia divorce lawyers and family law attorneys at Coleman Legal Group, LLC have experience in uncontested divorce, contested divorce, high asset, high income, custody, and family law cases. We have been proudly assisting Cumming, Georgia and the surrounding area in divorce and family law matters for over fifteen years. You will not have to face your divorce or family law matter alone. We will take a bold, effective but practical and compassionate approach with your divorce case.
Call 770-609-1247 to speak with an experienced Cumming Georgia divorce and family law attorney.
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Putting Our Clients First
If your Cumming Georgia divorce case can be settled out of court as an uncontested matter, then that will be our primary goal. However, if your case becomes contested we will be effective and diligent, ensuring you the best outcome possible. In a contested divorce or family law case, we will proudly represent you in all court hearings and at trial. We will use every opportunity afforded under Georgia law to get you the most favorable result possible. In an uncontested divorce or family law case, we will draft all the necessary paperwork, help negotiate a settlement as needed, and advise you every step of the way as to what is in your best interest.
More information about specific topics for divorce and family law cases filed in Cumming Georgia:
• Georgia Contested Divorce • Georgia Uncontested Divorce • Child Support • Legal Separation, Separate Maintenance • Child Custody, Child Visitation • Child Support Modification • Child Custody Modification • Paternity • Legitimization • Alimony, Spousal Support • Contempt • Temporary Hearings • Name Changes • Annulments
Divorce in Cumming Georgia – What You Need to Know
In Georgia, including Cumming and Forsyth County, there are thirteen grounds for divorce. Twelve of those grounds are to prove that one party has committed wrongdoing to the other during the marriage and to define prevailing reasons for the dissolution. However, one of those grounds (the 13th one) is the “no-fault” ground, which means that the marriage has been “irretrievably broken.” Divorce is when a legal union is broken and two individuals deliberately decide to break the legal bonds that are the marriage. Under Georgia law and in Cumming Georgia you can file for an uncontested divorce under the “no-fault” ground, or a contested divorce under the remaining thirteen grounds for divorce. See grounds for divorce.
Where are Cumming Georgia Divorce Cases Filed?
Specifically, Cumming, Georgia divorce and family law cases is filed in the Superior Court of Forsyth County. Currently, there are three (3) superior court judges in Forsyth County, Georgia that handle all the Cumming Georgia / Forsyth County divorce cases. Jurisdiction and Venue are also issues to be considered. For example, if you live in Cumming Georgia / Forsyth County and your estranged spouse lives in another county, you may choose to file the case in the State / County your spouse now resides. If your case is uncontested, most likely your case can still be filed in Forsyth County. Call 770-609-1247 to speak with one of our Cumming Georgia divorce attorneys or family lawyers regarding your specific situation.
- Cumming Georgia Cases are Filed in Forsyth County Superior Court, Located in Cumming Georgia >>
- Cumming Georgia Cases are Decided by the Superior Court of Forysth County Judges >>
Residency Requirements for Cumming Georgia Divorce Cases
Before filing a divorce in Cumming Georgia the couple must be separated and meet residency requirements. Separation can entail living in the same house, but the couple normally should not reside in the same room and be having sexual relations. For residency requirements to be met, at least one of the parties / spouses must have lived in Georgia for at least six (6) months. You can file a complaint in the Superior Court of the county that either you or your spouse reside. When filing for divorce, you should be prepared to state in writing why you filed for a divorce, how you would like to deal with the the marital assets and marital debts, whether you want alimony or not, and what is your preferred child custody and visitation arrangements. Child custody, visitation, and the general care of the parties’ children will ultimately be ordered in a court order / document called a Parenting Plan.
Uncontested Divorce and Contested Divorce in Cumming Georgia
Uncontested Divorce
If the married couple agrees on the terms for the divorce, the process can be relatively short and painless and can be filed as an uncontested divorce. In a Georgia uncontested divorce, the parties will usually sign several documents, and the court will grant the divorce with no court hearing being necessary. The most important of these documents include a Divorce Settlement Agreement, and if the parties have minor children, a Parenting Plan and Child Support Addendum. To be “in agreement” the parties will need to be in agreement regarding the division of property and assets, division of debts, child custody, child support, and alimony/spousal support.
Contested Divorce
However, if there are lingering disagreements that cannot be agreed upon, those issues can result in what is known as a contested divorce. These disagreements can arise regarding issues as division of property and assets, division of debts, child custody, child support, and alimony/spousal support. Georgia is an equitable division state, so each spouse holds a personal right to his/her own separate (non-marital) property independently. However, in the context of a contested divorce, the court holds authority to divide marital property between the parties. Georgia courts, including the divorce and family law courts of Cumming, Georgia, start with the belief that children should have regular contact with their parents, so judges prefer joint custody measures although ultimately everything is determined by what court determines is in the children’s best interests.
Child Support in Cumming Georgia
Regarding child support, Georgia law requires both parents to provide for their children through their own available resources. The default result is that the primary custodial parent usually received child support from the other parent. Most cases require that child support be paid to the parent that has the children more than half the time. In an uncontested divorce, child support is frequently negotiated. With the help of an attorney and depending on your own personal circumstances, parenting time, resources and the needs of the children it is not uncommon for no child support to be paid by either party. Rather each parent will be responsible for the cost of the care of the children when they are in their custody and certain expenses such as health insurance, extra-curricular activities, medical expenses and other reasonable expenses. This is accomplished by documenting in details in the Child Support Worksheet and Child Support Addendum, which are filed with the court, the reasons to deviate the child support to an amount the parties agree to and is fair.
Additional Divorce Information From Affiliated Sites
Cumming Georgia Office
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, Georgia 30041
Phone: 770-609-1247 | Map
Alpharetta Georgia Office
Park Woods Commons
11539 Park Woods Circle
Suite 304
Alpharetta, GA 30005
Phone: 770-609-1247 | Map
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Updated: 2022-08-14