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Chambers Family Law has more than 38 years guiding individuals through the divorce process. We recognize ending a marriage is never easy and only happens when all efforts to repair a marriage have failed.
Our experienced and compassionate Atlanta-based divorce attorneys can help you traverse the complex issues surrounding divorce including division/allocation of assets and liabilities, financial support, child custody, child support and all other family law matters.
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Divorce and Addiction
Our divorce attorneys have significant knowledge and extensive personal and professional experience regarding addiction and codependency. We have traveled through the toxic intersection where those two diseases collide and truly understand the byproducts, struggles and pain caused by addiction and codependency.
Our managing partner, Pete Chambers, feels strongly the terms “habitual intoxication” and “habitual drug addiction” should no longer be considered as “fault” grounds for divorce in Georgia, because it implies that having drawn the unlucky straw of being an addict/alcoholic is bad “conduct.” This contributes to many refusing to seek recovery due to the stigma and shame associated with societal views of addiction and alcoholism.
Rather, the terms “habitual intoxication” and “habitual drug addiction” should be changed to “untreated alcoholism” or “untreated drug addiction” or “failure to seek recovery from habitual intoxication” or “failure to seek recovery from habitual drug addiction.”
Failure to seek recovery is the actual contributing factor to a divorce, not merely having the disease of addiction/alcoholism
No matter what your prior journey has been, we will address your situation without judgement and with compassion and understanding. Let us help you rebuild and relaunch your new life.
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Grounds for Divorce in Atlanta
Legal grounds for divorce in Georgia, require at least one spouse to have been a resident of the state for at least six months. Spouses must be in a bona fide state of separation prior to filing a divorce, even if they remain living in the same household. (Under Georgia law, marital “separation” means the parties are not engaging in sexual relations.)
Married couples in Georgia do not need a reason to dissolve their marriage. Simply declaring their marriage is irreparably broken (the thirteenth ground for divorce in Georgia) qualifies as a “no-fault” basis for divorce. This is often the case in uncontested divorces when both parties are still on good terms.
Uncontested divorces are generally the most amicable and least expensive way to dissolve a marriage.
However, in contested divorces, when one spouse does not agree to a dissolution of the marriage or there is animosity between the spouses, Georgia recognizes 12 additional “fault” grounds or “conduct” grounds for divorce, including:
12 Additional Grounds For Divorce
Adultery or infidelity during the marriage
Cruel treatment (physical, verbal, and/or emotional abuse)
Willful and continued desertion by either of the parties for the term of one year
Habitual drug addiction
Habitual intoxication
Past conviction of a crime of moral turpitude (examples: tax evasion, sale of narcotics or other illegal drugs, or any other felony)
Untreatable mental illness (However, no divorce is granted upon this ground unless the mentally ill party has been adjudged mentally ill by a court of competent jurisdiction or has been certified to be mentally ill by two physicians who have personally examined the party)
Mental incapacity at the time of the marriage
Intermarriage by persons within the prohibited degrees of consanguinity or affinity, (incest or unlawful sexual relations between persons)
Force, menace, duress, or fraud in obtaining the marriage, (being coerced or tricked into marriage)
Pregnancy with another man’s child at the time of marriage, unknown to the husband
Impotency at the time of marriage
Child Custody and Visitation
Custody of children under the age of 18 is often the most emotionally charged conflict between divorcing parents. Agreeing about which parent the children will primarily live with and/or the parenting schedule, and who will make important decisions concerning the children’s welfare and upbringing can be complicated but is usually of utmost concern to both parents.
The attorneys at Chambers Family Law can help ensure your children receive a stable and supportive environment during and after your divorce.
Well versed in Georgia family law, our attorneys will address all sensitive issues, including any involving addiction, regarding child custody and parental and/or grandparental visitation.
For more detailed information on child custody issues, visit our Child Custody page.
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Property Division
In Georgia, courts seek to achieve an equitable (meaning “fair”), not necessarily always equal, division of marital property in divorce cases. This equitable division is an allocation of assets acquired during the marriage and may include property acquired by one or both spouses, no matter how the title is held.
For the most part, marital property is evenly divided, considering all factors, including tax considerations impacting each asset and/or the transfer of an asset to the other party.
Separate property, (property owned by one spouse prior to the marriage, or property that has been inherited by one party or gifted to one party, excluding interspousal gifts) may not be subject to equitable division, depending on certain criteria, such as title, commingling, or active management.
Separate property issues can present complexities that often require a careful analysis and frequently require the use of a forensic accountant to trace any separate property component, increased value, or commingling of assets.
We work to determine the value of complex financial assets, find any hidden assets, consider all tax consequences, trace and allocate separate property interests, prepare any coverture calculations on assets that partially vest during the marriage and partially vest prior to or post marriage, and ultimately work to achieve a fair final division of the estate.
Our attorneys at Chambers Family Law are extremely experienced at handling high net worth divorces and frequently bring in financial experts or forensic accountants to compile a complete view and disclosure of the entire marital estate (ensuring the inclusion of all assets).
Spousal Support
Spousal support, or alimony, is determined by considering several factors. Unlike child support, there is no guaranteed right to alimony in Georgia, nor is there any calculated format to follow. Instead, alimony is based upon the “need” of the receiving spouse and the “ability to pay” of the obligated spouse.
The party seeking alimony has the burden of proof. This includes establishing to the court that an award of alimony is necessary and legally warranted. When alimony is awarded by the court one spouse must pay the other spouse monthly payments or may be directed to make a single lump-sum payment.
In Georgia, there are two primary types of alimony: temporary alimony and permanent alimony.
Temporary Alimony
Temporary alimony is awarded during the pendency of a case (usually under a Temporary Order) to provide the receiving party with sufficient support until the case can be concluded.
Permanent Alimony
Permanent alimony is an award of alimony that is granted at the conclusion of a case to be paid following the entry of the Final Decree of Divorce. This alimony award can be paid as “rehabilitative alimony” for a period of time to allow the receiving party to restore their earning potential, or to allow for job training, further education, or reestablishment of a career. Rehabilitative alimony can either terminate or taper down over time. Alimony can also be paid for a long period of time or until the death of either spouse, the remarriage of the spouse, or establishment of a new live-in committed relationship, and is referred to as “lifetime alimony.”
For more detailed information on spousal support, visit our Alimony page.
Trusted Atlanta Divorce Attorneys Who Understand the Complexities of Addiction
DIVORCE IS NEVER EASY
Divorce is never easy. When addiction and codependency are added stressors, we can help. Addiction, which is a progressive and chronic disease, that gradually weakens and has the potential to destroy a marriage, is listed as the third most cited reason for divorce.
Likewise, codependency intermeshed with addiction creates an unsustainable situation that will ultimately implode at some point in time.
Pete Chambers and Brandon Duckworth at Chambers Family Law can compassionately guide you through the process of divorce so that you reemerge stronger, calmer, and more confident for your life ahead.
The Importance of Having a Divorce Attorney
Even if you and your spouse agree to an uncontested divorce, we strongly encourage hiring an attorney. Experienced, professional help preparing required documents, such as financial affidavits, child support worksheets, settlement agreements and other court pleadings can all be carefully and efficiently accomplished with our divorce attorney’s assistance. In the long run, you’ll avoid costly mistakes, language disputes, and future interpretation debates.
When a divorce becomes contested, legal proceedings such as hearings, mediations and trials are best handled by family law attorneys who will place you and your children’s best interests above all else.
If you’re beginning the process of dissolving your marriage, you are most likely overwhelmed by emotion and the laundry-list of tasks to complete the divorce process.