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Life has a way of throwing curveballs when we least expect them. In many instances, circumstances become so urgent that waiting months to get a divorce is no longer an option. No matter your reason for wanting to get an emergency divorce, such as domestic violence, financial abuse, or major issues, an emergency divorce lawyer can assist you in getting the help you need.
At Davis & Associates, we realize that not everyone has time to waste, especially when it comes to ending a marriage. Whether it is helping you secure an emergency divorce, scheduling an emergency hearing for key concerns like child custody or navigating through the divorce process, you can trust us to move quickly and make it easier for you to make key decisions that will protect you, your children, and even your finances.
Give Davis and Associates, Attorneys at Law, LLC a call today at (404) 905-8031 to schedule a free consultation or to speak to an Atlanta emergency divorce lawyer today!
What Is an Emergency Divorce?
An emergency divorce is an expedited process that allows a party to get a divorce faster provided that certain conditions are met. The court will issue temporary restraining orders or emergency motions to protect certain parties from immediate harm and provide them with a financial safety net as the proceedings take place.
Since these emergency motions or restraining orders are temporary, they only last until the formal proceedings are held. The court will then issue a long-term order based on the circumstances of the divorce and the evidence provided by both parties.
Can You Get an Emergency Divorce?
Emergency divorce can be requested if you meet one of these qualifying circumstances:
- Domestic violence - If the spouse is physically or emotionally abusive, an emergency divorce can prevent them from approaching or contacting the victims.
- Child abuse and neglect - If your child is in immediate danger or harm due to child abuse, neglect or being left in an unsafe living space, the other parent can be granted emergency child custody and bring them to a safer environment.
- Financial misconduct - If you have recently discovered that your spouse was hiding assets, draining your bank accounts, running up excessive debt, and preventing you from accessing funds, you will likely qualify for an emergency financial order from the court.
- Denial of visitation rights or parental kidnapping - If your spouse has made threats about taking the children from you or is putting them in danger in one way or another, the court system can help.
- Medical and safety concerns - If you or your child have medical or safety concerns that need to be addressed immediately and your spouse is not cooperating, an emergency divorce can help you and your child get immediate care.
How to Get an Emergency Divorce in Atlanta
If you want to get an emergency divorce in Atlanta, you need to file for an emergency hearing and demonstrate that waiting for traditional divorce proceedings would cause harm to you or the children. You need to provide solid evidence quickly to support your claims and you can show that there’s no other immediate solution aside from emergency divorce to protect you and your children. Some examples of documents you can present as evidence include police records, financial statements, witness testimonies and medical records.
It is important to note that while an emergency divorce request will help speed up proceedings, it may not be scheduled immediately depending on the court’s current calendar. The other parent may also file a counter claim against you, which may affect the court’s decision to accept your request for emergency motions. Normally, emergency hearings happen within 30 days once the court receives your motion and reviews the preliminary evidence provided.
Can You File for an Emergency Divorce?
You can file for an emergency divorce if you meet the criteria provided by utilizing the Supreme Court of Georgia’s E-filing program or by asking your emergency divorce lawyer to do it for you.
Davis and Associates, Attorneys at Law, LLC is an Atlanta-based family law firm that offers comprehensive legal support for any divorce cases, including emergency divorce. When you reach out to us, we can help you prepare the necessary paperwork and file your petition on your behalf.
How an Emergency Divorce Works in Atlanta
When the court receives your petition and requests for emergency orders, both you and your spouse will be called in to appear in the emergency hearing scheduled for your case. Even if the other parent is not in attendance, the judge can immediately order an emergency motion which will be effective until a full hearing takes place. The other parent will be notified about this initial hearing and when the full hearing will take place.
The full hearing for your case can be scheduled days or weeks after the emergency divorce hearing. During this hearing, the judge will allow both parents to present their evidence before they decide whether to extend the emergency order’s validity or change its contents for the final order.
Taking the Next Steps to Protect Yourself
Facing a serious crisis in your marriage that requires immediate legal intervention can feel stressful and upsetting. However, emergency divorce proceedings can help you get the fresh start you’re seeking. Whether you're dealing with domestic violence, financial abuse, threats, or something else equally as serious, Georgia's legal system offers ways to get the protection you need and deserve for yourself and your loved ones.
If you are facing unfortunate circumstances that make you eligible for emergency divorce, consult with our experienced emergency divorce lawyers at Davis and Associates, Attorneys at Law, LLC today. We will evaluate your circumstances during your initial consultation, provide you with legal support and be your legal advocate throughout the proceedings. You can also count on us to help you file for emergency relief and help you and your loved ones safe as the case is being heard.
Give Davis and Associates, Attorneys at Law, LLC a call today at (404) 905-8031 to schedule a free consultation or to speak to an Atlanta emergency divorce lawyer today!
