My Spouse Asked for a Divorce, What Do I Do Now?
If your spouse has asked for a divorce and you can’t quite find the words to express your shock or devastation, you are not alone. Although divorce is fairly common in Atlanta, it unfortunately never gets easier. It is a life-altering moment filled with tough decisions and a whirl of emotions.
From a legal standpoint, divorce is inevitable once one spouse is committed to the path. If your spouse wants a divorce, there is nothing you can do to stop it. Some couples may seek marriage counseling to reconcile the relationship, but chances are divorce proceedings cannot be avoided.
This is why it’s so important to never ignore divorce papers. If your spouse has tried in good faith to serve divorce papers and you disregard them, the proceedings will continue without you, and you may not get what you want out of the divorce.
As you come to terms with your spouse’s request, there are a few important steps you can take to protect yourself and prepare for the difficult road ahead.
Seek Support
You likely entered your marriage with the intent to stay with your spouse “till death do you part,” so when that bond is threatened it can feel heavy and confusing. It’s okay to feel every emotion under the sun — divorce is an uneasy and unexpected transition. You may benefit from seeking counseling from an experienced therapist who can help you process the divorce and everything that comes with it.
If you’re not ready to open up to a licensed professional, confiding in a trusted friend or loved one can bring much-needed comfort and respite.
Protect Your Children
If you are a parent, do your best to shield your kids from the negative aspects of the process. Do not involve them in arguments with your spouse and do not include them in legal conversations. Think about the short and long-term impacts an emotional and traumatic experience like divorce can have on your children.
Be Sure to Get Legal Representation
Divorce is a legal process that requires the help of an experienced lawyer. If you decide to represent yourself, you will be expected to know all the rules of a civil procedure just as a licensed attorney would. In order to get what you want and deserve out of the divorce, be sure to have proper legal representation.
There are a few options to consider when deciding on the type of divorce process that might be best for you:
- Mediation is when the couple works closely with a trained meditator on the terms of the settlement. You may still want to have a divorce attorney review the documents before you sign off on the mediated agreement.
- Contested divorce is when each spouse has their own attorney advocating on their behalf. Proceedings can often become heated or acrimonious.
- Collaborative divorce is when each spouse hires their own attorneys who are experts in the collaborative process and the four of you negotiate a fair settlement together.
How Does the State of Georgia Handle Divorce?
A divorce can be filed as long as one spouse has lived in Georgia for at least six months. Once it has been filed, you don’t necessarily need to continue living in Georgia, but the process can become more difficult if you’re outside the state.
Georgia has no-fault divorce, meaning that one spouse’s testimony is sufficient to satisfy the grounds for a divorce. While that is the most common form of divorce in Georgia, other grounds include adultery, habitual intoxication and abandonment. Annulments are rarely used except when there is an allegation of fraud.
After filing for a divorce, Georgia law requires a 30-day waiting period to allow couples the chance to reconcile if they wish.
Do You Need a Personal Injury Lawyer in Georgia
At ATL Elite we don’t help people in Atlanta find divorce lawyers, but we can help them find personal injury attorneys after a car crash injury or the wrongful death of a family member. If you live in Georgia and you or a family member require legal assistance after an injury, you may benefit from contacting one of the attorneys listed on our website.
