It depends on whether the divorce is contested and what issues are involved, which is exactly why this office quotes a flat fee before your case begins. You know the full cost of your representation upfront, instead of watching hourly bills accumulate as the case unfolds.

A flat fee attorney quotes one fixed price for your entire matter rather than billing by the hour. The Law Offices of Sean R. Whitworth offers flat fees for all services, including divorce, custody, support, modifications, and protective orders.

An uncontested divorce in Georgia can be finalized in as little as 31 days after filing. Contested divorces take longer, often several months to a year or more, depending on the issues and the county court calendar.

An uncontested divorce means both spouses agree on all issues: property division, custody, support, and alimony. A contested divorce means at least one issue is in dispute and may require negotiation, mediation, or trial. Uncontested cases are faster and less expensive, and many contested cases settle before reaching a courtroom.

No. Georgia allows no-fault divorce on the ground that the marriage is irretrievably broken. Georgia also recognizes fault grounds such as adultery, desertion, and cruel treatment, which can matter for alimony in some cases, but proving fault is not required to end a marriage.

No. Georgia law does not favor either parent. Courts decide custody based on the best interests of the child, weighing factors like each parent’s involvement, stability, and ability to care for the child.

Legal custody is the right to make major decisions about your child’s education, religion, medical care, and extracurricular activities. Physical custody determines where the child lives. Georgia courts frequently award joint legal custody while designating one parent as the primary physical custodian.

At age 14, a child in Georgia may elect which parent to live with, and that election is presumptive unless the court finds it is not in the child’s best interests. Between ages 11 and 13, a judge may consider the child’s preference but is not bound by it.

Georgia uses an income shares model. Both parents’ gross incomes are combined, a baseline support amount is determined from state tables, and each parent is responsible for their proportional share. Adjustments can apply for health insurance, childcare costs, and parenting time.

Yes. Georgia allows modification of child support and custody when there has been a substantial change in circumstances, such as a significant change in income, relocation, or changes affecting the child’s wellbeing. Modifications must go through the court; informal side agreements are not enforceable.

Alimony in Georgia is not automatic and follows no fixed formula. Courts weigh factors including the length of the marriage, each spouse’s earning capacity, contributions to the marriage, and the standard of living established. Conduct such as adultery can bar a spouse from receiving alimony in some circumstances.

Georgia is an equitable distribution state, which means marital property is divided fairly, not necessarily fifty-fifty. Property acquired during the marriage is generally marital; property owned before the marriage or received by gift or inheritance is generally separate. What counts as fair depends on the circumstances of each case.

It depends on when it was purchased, whose money went into it, and what makes sense for the family. Common outcomes include one spouse buying out the other’s equity, selling the home and dividing proceeds, or one spouse remaining in the home for a period, often tied to children’s school years.

In Georgia, an unmarried father has no automatic custody or visitation rights, even if he is on the birth certificate. Legitimation is the court process that establishes those legal rights. Until a father legitimates, only the mother has legal custody of the child.

Contempt is the disobedience of a court order, such as failing to pay support, refusing court-ordered visitation, or ignoring property division terms. A contempt action asks the court to enforce its order, and remedies can include payment of arrears, makeup parenting time, attorney fees, and in serious cases, jail.

Georgia courts can issue temporary protective orders in cases of family violence or stalking. An initial order can be granted quickly on a temporary basis, followed by a hearing where both sides are heard before a longer order is entered. These cases move fast and carry serious consequences, so representation matters on both sides of them.

A prenuptial agreement makes sense when either party has significant assets, a business, children from a prior relationship, or expected inheritances. Georgia enforces properly drafted prenuptial agreements, but they must meet specific requirements, including full financial disclosure, to hold up.

Bring what you can: recent pay stubs or income information for both spouses, a general list of assets and debts, any existing court orders, and your questions. Do not worry about having everything perfect. The consultation is about understanding your situation and your options.

Yes. The firm offers a free consultation. You can request an appointment online or call 770-415-8500.

Yes. Cases at this office are not passed to associates. Attorney Whitworth personally handles each matter from consultation through resolution.

The firm is located in Marietta and serves Cobb County and the Greater Atlanta area, including Cherokee, Paulding, Bartow, Fulton, Forsyth, and Gwinnett counties, with clients in Kennesaw, Smyrna, Acworth, Powder Springs, Woodstock, Roswell, Alpharetta, and the surrounding communities.

Sean R. Whitworth has been a member of the State Bar of Georgia since 2008 and practices divorce and family law exclusively.