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In contested cases, a divorce would only be granted following a trial where the parties cannot settle the matter between themselves. The events in a trial or any hearing can vary widely based on the subject matter of the hearing or trial and the evidence presented in the case. If you are electing to proceed on a fault basis, such as adultery, the standard of proof is “by a preponderance of the evidence.” This means you must show that it is more likely than not that your spouse is guilty of adultery and that the affair was the cause of the dissolution of the marriage. If a child has not been legitimated, however, it is conceivable that the mother could change the last name of the child without the consent of the father. If you try to represent yourself, you will be held to the same standards of an attorney licensed to practice law in Georgia. Typical factors used to determine if alimony will be awarded and how much alimony will be awarded include a significant income disparity between the parties and whether one of the parties has been out of the work force for a significant period of time.The wife may have her maiden name returned by having language included in the Final Judgment and Decree of Divorce indicating that her maiden name is restored. Generally, the only basis for an annulment is an allegation of fraud.Some courts, however, will require a party to appear at the conclusion of an uncontested case (where the parties have entered into a Settlement Agreement) to swear under oath to the elements of the divorce. By filing an action for divorce in Georgia, you are submitting yourself to the court’s jurisdiction.In order for a case to proceed, you must achieve service. If one party wants to be divorced, the court will grant that party the divorce. It is often difficult, however, to litigate a divorce from another state.A court can take into consideration post separation cohabitation as a basis to deny an award of alimony.

Alimony, as it is called in Georgia, is determined on a case-by-case basis.It's surprising that some people do not think that there are problems that can come out of dating during a pending divorce.Most people do not bother to seek legal advice on the issue until after the damage is done.If the sheriff cannot serve your spouse, it is not uncommon for a private investigator to be hired to serve the spouse. So I would advise remaining in the state while your case is pending.

Generally, members of the armed forces are considered to “live” in their home county and not where they may be stationed for a mission.Georgia divorce attorneys provide answers to frequently asked questions about Georgia divorce laws and divorce in Georgia. The most common ground for divorce is irreconcilable differences, meaning the parties simply cannot get along and their marriage is at an end.