Divorce Attorneys Serving Georgia & Metro Area
Responsive Divorce Representation In & Out of the Courtroom
In the State of Georgia, most marriages begin with high expectations, these often fall short and couples feel that their only remaining option is to get a divorce. Because this decision is never easy, you need someone on your side who can walk with you throughout this process.
You need a Douglas County divorce lawyer who understands Georgia State Divorce Laws and how each county (Fulon, Douglas, and other Georgia Metro counties). We believe the Howard and Arca Attorneys at Law can help. With over a decade of experience, and being a former prosecutor, we understand the process of a divorce.
A skilled Dallas divorce attorney responsive to your needs can make all the difference. Our firm is here to listen, to mitigate the effects of the divorce process, and to bring you through one of life's most challenging periods. Simultaneously, we are experienced, hard-fighting litigators experienced in West Georgia family law courts. When needed, we will pursue justice in the courtroom to ensure your rights are protected.
Going through divorce? Get the compassionate representation you deserve by contacting us today.
Protecting Your Rights & Your Future
With many years of combined experience, you can trust that Howard and Arca Attorneys at Law will provide you the guidance and support you need. We understand the issues you are facing and can deliver unparalleled legal representation to ensure your rights are not sacrificed.
We have successfully represented clients dealing with all of the following:
Our firm can help you address the tough questions associated with divorce and the issues that go along with it. We pride ourselves on being responsive to our clients and have earned a reputation for success in and out of the courtroom.
What is the Difference Between an Annulment and Divorce?
Annulment of marriage is a judicial declaration that the marital state is invalid from its intended inception. If the marriage is invalid, it may be collaterally attacked and declared void in any appropriate court or proceeding where the validity of the marriage is properly in issue, either before or after the death of the parties to the marriage.
Georgia law provides that the statutory procedure for annulment of marriage is available for any marriage which is now or hereafter declared void by law. Generally, marriage is declared void by law are marriages of persons unable to contract or unwilling to contract or fraudulently induced to contract (OCGA 19-4-1, 19-3-5). The one exception is an invalid marriage because of fraud, duress, or non-age where child is born or to be born as a result of the union of the parties. If this is a case the only available remedy is divorce (Wallace v. Wallace 221 Ga. 510 (1965)).
If the grounds for annulment are the same as grounds for divorce, Georgia law provides parties to invalid marriages have the option of filing a petition for annulment or petition for divorce. However, the remedy of annulment, which implies an invalid marriage, and that of divorce, implying a valid marriage, would seem to be mutually exclusive with different objectives. The key issue on whether or not there is a granting of an annulment or a divorce is whether there can be a judgment decree for divorce and alimony. An annulment will not support alimony, but a divorce based on lack of understanding or duress will also prevent alimony.
The procedure for annulment is filing a petition by the party seeking the annulment or by the next friend in the case of minors or persons of unsound mind. Georgia law provides that all matters of residence, jurisdiction, service procedure, pleading and practice shall be the same as now or hereafter provided by law for obtaining a divorce, with the exception the decree of annulment may be ordered at any time in open court or in chambers, when personal service is had at least 30 days beforehand and no contest or answer is filed (OCGA 19-4-4).
Going Through a Divorce?
The law is clear and in divorce cases as long as the parent has done the parenting class and their children involved it can be done relatively quickly. All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed. This means that a final decree of divorce may be taken at any time after 30 days from the date of service of process.
Uniform Superior Court rule 24.6 provides:
Uncontested divorce actions may be heard at times agreeable to counsel and the court, subject to the following rules:
a) By written consent of both parties to hearing a divorce may be granted any time 31 days after service or filing acknowledgment of service.
b) In an unanswered action, a divorce may be granted any time 46 days after service, unless the time for response has been extended by court order.
c) A divorce action served by publication may be granted any time suitable to the judge and attorneys 61 days or more after date of the first publication.
d) All divorce actions with orders for publication or acknowledgement of service should be filed prior to or contemporaneously with the signing of the order or acknowledgment.
The Uniform Superior Court Rule 24.6 must yield in case of conflict, to the applicable substantive law, and accordingly, the trial court will be authorized pursuant to statutory law to grant divorce after 30 days from the time an answer would have been due.
Call 678-922-9743 to Receive 24/7 Availability
The way a divorce is handled has the ability to impact all involved parties for the rest of their lives, for better or for worse. At Howard and Arca Attorneys at Law, our goal is to guide you toward a favorable resolution that inflicts minimal damage on the relationships you care most about. Fighting hard for our clients is the rule rather than the exception at the firm, and our Douglas County divorce attorney will work aggressively for the best outcome in and out of court.
To learn more about how we can assist you during this important time, do not hesitate to contact our firm and schedule a consultation.
Aggressive courtroom representation
Understanding & supportive legal counsel
Former prosecutor fighting for your defense
Tailored approach to each unique case
Over a decade of legal experience
Free consultation to review your options
Mr. Howard did an awesome job fighting for me.- J.Z.
Great DUI attorney- John A.
The DUI lawyer, Bryan Howard, is the best in the state.- Previous Client
I wouldn't hire anyone else!- Terry
They really went to bat for me and helped me through my case.- T.C.