If you are considering a divorce in Georgia, you may be overwhelmed trying to figure out what steps to take. Are there any preliminary requirements? Where should you file – and what documentation is required?
We have provided a general overview of the Georgia divorce process to answer these and other questions. However, you should note that each court has different requirements and deadlines. It is always best to consult an experienced Georgia family attorney to ensure that you provide thorough information and file everything correctly.
If you have questions or need legal advice, contact the experienced Marietta divorce attorneys at Better Law. We offer a confidential family law attorney consultation in Georgia, so call (470) 308-5409 to schedule yours.
How Can Better Law Help With Your Divorce in Georgia?
The divorce process in Georgia can be daunting and time-consuming. An attorney can significantly ease your burden and alleviate stress during such an emotional and trying time.
At Better Law, we are dedicated to helping our clients move forward with their lives. We understand the difficulties and pain that a divorce can bring. That is why we provide compassionate, personalized representation throughout your case. You can trust that we will be your fiercest advocates and obtain an outcome that best meets your needs and objectives.
Here’s how we can help you navigate the divorce process in Marietta, Georgia:
- Listen to your goals and explain your rights and options
- Help you make decisions regarding critical elements of your case, including property division, child-related matters, and alimony
- Handle all communications and negotiations with your spouse or their attorney as we work towards a positive resolution
- Draft and file all pleadings and monitor relevant deadlines
- Represent you in court proceedings and at trial if necessary
Contact our family law firm in Marietta, GA to discuss your divorce case and get preliminary advice and guidance.
What Are the Requirements for Divorce in Georgia?
Before you file a divorce petition, you need to ensure that you meet the state’s requirements:
- Residency requirement: You or your spouse must have resided in Georgia for at least six months prior to filing the petition.
- Separation requirement: There is no specific time you must be separated before seeking a divorce in Georgia. However, you must show that you and your spouse have ended marital relations with the intent to dissolve the marriage.
If you meet the requirements, you must then decide the grounds for divorce and whether your action is contested or uncontested.
The Type of Divorce You File for Will Affect the Process
In Georgia, there are 13 grounds for divorce, one of which is no-fault – or the marriage is irretrievably broken. If you allege one of the 12 fault-based grounds, you will need to have evidence proving it. For example, if you are divorcing your spouse due to their adultery, you will have to prove the extra-marital affair to the court.
If you select a no-fault divorce and agree with your spouse on all issues, you can seek an uncontested divorce. This will make the process easier, quicker, and more cost-effective.
It will also allow you and the other party to work out issues amongst yourselves based on your preferences. Otherwise, matters may be decided by a judge who doesn’t know your relationship or life as well as you do.
However, your divorce is contested if any of the following apply:
- It is a fault-based divorce
- You and your spouse disagree on an issue (no matter how small)
- Your spouse doesn’t want a divorce
Contested divorces are more stressful, take longer, and cost more money to resolve. If the parties cannot negotiate an agreement on all issues, the matter will likely go to trial. This could significantly prolong the divorce process. It also takes matters out of your hands, allowing a judge to decide on important issues.
General Steps of the Divorce Process in Georgia
If you meet Georgia’s residency requirements and know what type of divorce you are applying for, you can begin the process as outlined below.
File the Divorce Paperwork With the Appropriate GA Superior Court
First, you need to determine which county has jurisdiction over your divorce. You will typically file in the county where your spouse resided for the last six months.
However, in some cases, you can file in the county where you live.
For example, you can file in your county of residence if:
- Your spouse moved from that same county within six months of the date of filing for divorce; and
- That county was where you resided as a married couple at the time of separation.
Other scenarios may allow you to file in your county of residence, such as if your spouse consents to the venue.
Each county’s superior court has specific requirements regarding what documents to file. It will also depend on whether your divorce is contested and whether you have minor children.
You may need to file the following forms, depending on your situation:
- Domestic Relations Case Filing Information Form
- Divorce Petition/Complaint for Divorce
- Verification
- Summons
- Domestic Relations Financial Affidavit
- Acknowledgment of Service
- Separation Agreement
- Consent to Trial
- Parenting Plan (if you have minor children)
- Child Support Worksheet
Not all of these documents need to be filed right away, and courts in your jurisdiction may have additional forms to submit. It’s best to either check with the clerk of court or consult an experienced Georgia family law attorney for assistance. It is crucial to file the correct documents with all pertinent information and keep track of important deadlines in your case.
You should take an original and two copies of each document to the court clerk. They will assign a case number, keep the original, and stamp two copies for you and your spouse.
You will also need to pay a filing fee when filing the initial divorce paperwork. It’s typically around $200–$300, depending on the jurisdiction.
The Petitioner Serves the Divorce Documents on the Other Spouse (Respondent)
Once the petition for divorce and other required documents are filed with the superior court, they must be served on your spouse (the respondent).
This can be done in a few ways, including:
- A certified process server hand-delivers the documents to your spouse
- A sheriff hand-delivers the documents to your spouse
- Your spouse signs an acknowledgment of service stating they’ve received a copy of the documentation
- Publication in a local newspaper if you do not know where your spouse is (if you go this route, you will have to file additional “service by publication” documents with the court)
Your spouse then has 30 days to respond to the divorce petition. They respond by filing an Answer admitting or denying the claims in your petition. They can also file a Counterclaim if they’re asking for something (such as alimony) or proposing different terms.
Attend a Mandatory Parenting Seminar
If you and your spouse have minor children, Georgia courts require you to attend mandatory parenting classes. The court will not grant your divorce until you complete this requirement.
Many jurisdictions require the parenting course to be completed within 30 days of serving the divorce papers on the respondent. If you have children, check with the court to determine if there is a deadline to complete the seminar.
The course must be court-approved, and you must file a proof of attendance/certificate of completion with the court.
Discovery, Negotiation, and Mediation Phase To Reach a Settlement Agreement
Once the respondent files an answer, your case will proceed to the discovery phase. At this stage, you and your spouse will exchange information, such as financial disclosures and other personal information.
Information may be gathered using interrogatories, requests for admissions, requests for production, and/or depositions. By learning each other’s views and objectives, you may be able to negotiate and reach an agreement outlining how everything will be handled.
Depending on your situation, you may need to resolve issues relating to:
- Property division, including marital assets and debts, retirement accounts, the marital home, bank accounts, and personal property
- Spousal support/alimony
- Child custody and visitation
- Child support
If you reach a final settlement, it is best to have an attorney draft it – or at least review it. The court will have specific requirements and may reject the agreement if it fails to meet them.
If you cannot settle all aspects of the case, the court may order you to attend mediation, arbitration, or a settlement conference. You may be able to resolve some or all issues during this process with a neutral third party’s assistance.
There may also be temporary hearings in court for the judge to rule on specific issues, especially if you are waiting for a final hearing.
Georgia Divorce Trial
If you fail to settle any issues related to your divorce, your case will proceed to trial before a superior court judge. Each side will present their arguments and evidence, and the judge will issue a final divorce decree outlining their decisions.
Even if your case is uncontested, a judge will issue a final order. It will likely follow the terms of your agreement unless it is somehow defective.
Key Legal Matters to Consider When Filing for Divorce
At Better Law, we guide our clients through each critical area with clarity and care. Below are some of the most common legal matters that arise during the process of divorce in Georgia:
Grounds for Divorce
Georgia allows both no-fault and fault-based divorces. Understanding the legal basis for your case—whether it’s irreconcilable differences or misconduct—can shape the proceedings and outcomes.
Residency Requirements
Before filing, at least one spouse must have lived in Georgia for at least six months. Meeting this requirement is essential to begin the process legally and effectively.
Jurisdiction and Venue
Selecting the appropriate county to file in matters. Typically, the divorce petition is filed in the county where the other spouse resides, unless certain exceptions apply.
Contested vs. Uncontested Divorce
If both spouses agree on key issues such as custody, support, and property division, the divorce is considered uncontested. In more complex or disputed cases, working with experienced divorce attorneys in Georgia can significantly protect your rights.
Temporary Orders
Courts may issue temporary rulings regarding child custody, financial support, or asset use while the case is ongoing. These can play a crucial role in setting the tone for the rest of the case.
Filing Fees and Costs
There are court filing fees involved, and other costs may arise depending on the nature of the case. If you are unsure where to start, schedule a consultation with us to better understand your legal options and the potential expenses.
Contact Our Marietta Divorce Attorneys for Help Navigating the Process
As you can see, the Georgia divorce process has many moving parts. Making a mistake can affect your case and result in an outcome you do not want.
If you are thinking of divorcing your spouse in Marietta, GA, contact Better Law Divorce Lawyers to discuss your situation with an experienced family law attorney