Divorce Lawyer in Cumming, GA
Guiding Clients Through The Divorce Process in Forsyth County
During divorce, every part of your life will be scrutinized, including your family relationships, your personality traits and your finances. At The Epps Law Group, our divorce attorneys in Cumming, GA understand how uncomfortable it can be to have a stranger this involved in your life.
That is why we strive to be seen as more than your divorce lawyer, we want you to consider us your counselor and friend. As your counselor, friend and legal adviser, we promise you this: We will always tell you the truth.
Divorce is tough, we won’t sugarcoat the situation. You will have to make compromises throughout the entire process. But our Cumming divorce lawyer are prepared to make sure you don’t compromise more than is necessary. Together, we will help you leave your marriage in a position that allows you to build the life you want.
Connect with us to learn more information about our family law services and how we can help with your divorce. Call (678) 257-4507 or contact us online for a free consultation with our Cumming, GA divorce attorney.
Contested Divorce in Georgia
Georgia law has provisions for a “contested divorce.” Filing a contested divorce in Cumming, GA requires the plaintiff to cite at least one of the 12 fault grounds for contested divorce.
The 12 fault grounds for contested divorce in the city of Cumming, Georgia are:
- Marriage between close blood relatives
- Mental incapacity at the time of marriage
- Impotency at the time of marriage
- Adultery occurring during the marriage
- Habitual intoxication
- Habitual drug addiction
- Willful and continued desertion
- Incurable mental illness
- Cruel treatment, including willful infliction of pain, which reasonably justifies concerns of danger to life, limb or health
- Criminal conviction requiring incarceration of two years or longer
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband
- Marriage entered into based on force, duress, and fraud
At The Epps Law Group, our attorneys understand how tough divorce can be. Our mission is to deliver extensive divorce legal representation for all clients in Cumming, GA. When you work with our firm, you can confidently approach the situation.
As your GA divorce lawyer, Attorney Kyle Epps and his legal team provide years of practicing family law experience and individualized legal family law representation for family law cases we accept.
Uncontested Divorce in Cumming, Georgia
Georgia allows what is sometimes referred to as “no-fault” divorce, meaning that citing the marriage as “irretrievably broken” is sufficient grounds for divorce. Filing for an uncontested divorce and negotiating the divorce settlement can be relatively easy; however, with children and financial obligations involved it usually becomes a bit of a fight.
Ideally, the spouses can reach mutually agreeable terms with minimal lawyer involvement. If direct communication is a problem, we can intercede and communicate with the opposing attorney to attempt a resolution.
In the worst case, our experienced trial attorneys can represent you in a jury trial to settle your divorce. Regardless of what method is required, we will fight to get you what you deserve.
In working through a typical uncontested divorce, and to draft your settlement, we will need to address:
Temporary orders are a first priority in most cases.
Our family law attorneys can provide near-immediate help for Temporary Protective Orders (TPO), or Restraining Orders.
If you are dealing with, or fearful of, domestic violence we can suggest shelters or alternative housing.
How To File for Divorce in Forsyth County, GA
Divorce procedures can vary depending on the specific circumstances of your situation and it's always recommended to consult with an experienced divorce attorney in Cumming who can guide you through any specific requirements and paperwork for your situation.
Below are the general steps to filing for divorce in Forsyth County:
- Meet residency requirements: At least one spouse must have been a resident of Georgia for at least 6 months before filing.
- Determine the grounds for divorce: You may file for divorce on either fault or no-fault grounds. No-fault divorces are most common and are typically based on irreconcilable differences. Fault-based grounds can include adultery, cruel treatment, desertion, and others.
- Prepare the necessary forms: Obtain your required divorce forms from the Forsyth County Superior Court or their website. This typicially includes a Petition for Divorce, Domestic Relations Financial Affidavit, and any additional forms specific to your situation.
- Complete the forms: Fill out your forms accurately and provide all the required information. Ensure that your forms are legible and signed appropriately.
- File the forms: Take the completed forms to the Forsyth County Superior Court Clerk's Office. Pay any necessary filing fees. The clerk will stamp your forms as "filed" and provide you with copies for your records.
- Serve your spouse: After filing, you need to serve your spouse with a copy of the divorce papers. This can be done through a process server or by certified mail with return receipt requested. Ensure that proper service methods are followed to comply with Georgia law.
- Wait for a response: Your spouse has a certain period to respond to the divorce papers, usually 30 days after being served. If your spouse fails to respond within this time, you may be able to proceed with an uncontested divorce.
- Negotiate or litigate: If you and your spouse can agree on the terms of the divorce, you can negotiate a settlement agreement. This document outlines the division of assets, child custody and support (if applicable), and other relevant matters. If you can't reach an agreement, the case may proceed to court where a judge will make decisions based on the evidence presented.
- Finalize the divorce: Once the terms of the divorce are settled, you can schedule a final hearing. During the hearing, the judge will review the agreement and ensure it meets the best interests of both parties and any children involved. If approved, the judge will issue a final divorce decree.
Considering filing for divorce? Our divorce attorneys have years of experience in family law in Cumming, GA. It's essential to consult with an attorney or legal professional to ensure you follow all the necessary steps correctly and address any unique aspects of your situation. Divorce can be a complex and emotionally challenging process, let The Epps Law Group provide you the knowledge and support that you need at this difficult time.
Modifications of Your Settlement
It is very likely that conditions in your life will change, for better or for worse, and that these conditions will cause you or your ex-spouse to file for modifications to your settlement. Our lawyers have represented both clients who want modifications, and clients who chose to fight the petitioned modifications.
No matter which side you are on, we can help you with matters regarding:
- Modification of child custody
- Modification of child support
- Spousal support
- Contempt charges
- Qualified Domestic Relations Order (QDRO)
Should I Get a Divorce?
We cannot answer that question; however, we can say that if you are motivated to seek a family law firm you probably do need a divorce. After a traumatic event such as an affair, or after kidding yourself for years that things will get better, you reach a point where “you just know.”
When you reach this point, we are here to help you make a sound decision for your situation. Don’t fear. Life after a divorce can be much better.
Contact Our Divorce Attorney Today
When you take that first serious step toward filing, it is natural to have self-doubts, have fears about your future, and even have concerns about your safety or the welfare of your children. Although a separation can be emotionally exhausting, most people find that their lives are soon better, their nerves are settled, and life goes on.
We encourage you to take advantage of our complimentary consultation with a Cumming family law attorney to learn more about filing for divorce, what the process entails and how it may be right for you.
Contact The Epps Law Group to get started with our divorce lawyer in Cumming, GA.
“Attorney Epps and his paralegal, Elicia, worked wonders for me!”- Lucie F.
“I am so grateful for meeting this man.”- Anthony C.
“Kyle and Elicia were beyond fantastic!”- Amy B.
With a background as a police officer, prosecutor, and Judge Pro Tem, The Epps Law Group can provide you or your loved one with detailed and trusted representation. Our attorney has been involved in the criminal justice system for more than 30 years. Put our experience on your side.
Skillful legal counsel that carefully and meticulously examines all aspects of the case for critical information.
A reputation of treating judges and prosecutors with honesty allowing him to be taken seriously when it could matter the most.
Former Police Officer
The knowledge that comes from a former police officer to serve clients needing accomplished criminal defense representation.
30 Years of Experience
Over 30 years of legal experience as a prosecutor and Judge Pro Tem, we can use insights from that experience to help you.