You file for a divorce in Georgia by submitting a divorce petition to the Clerk of the Superior Court in the county where you or your spouse resides. Before you proceed with your case, consider taking time to learn the process and the requirements you will have to meet.
Our Canton divorce lawyers can guide you through each step of a divorce, providing support tailored to your specific situation and legal experience that protects your rights and interests.
Whether you’re facing a contested or uncontested divorce, knowing what to expect can help you make a challenging process easier to manage. We will make sure you don’t miss a step. We can tell you more about how we can help during a private consultation.
Key Steps for Filing for Divorce in Georgia
Before you can file for divorce in Georgia, you must first confirm that you meet the requirements. Then, you (or your attorney) must prepare and submit a divorce petition, which is a formal request to the court asking for a divorce.
Once you file the petition, you must make sure your spouse gets a copy of the document. Depending on the type of divorce, the process can be simple or more complex. We can advise you on which applies to your situation.
Eligibility Requirements for Filing for Divorce in Georgia
To file for divorce in Georgia, at least one spouse must have lived in the state for at least six months before filing. This rule confirms that Georgia’s courts have the authority to handle the case.
In Georgia, you can file for divorce based on “fault” or “no-fault” grounds:
- No-fault divorce: This means that neither spouse blames the other for the decision to end the marriage. You simply have “irreconcilable differences” or just can’t make it work.
- Fault divorce: In a fault divorce, one spouse claims the other did something wrong, like adultery or cruelty, which led to the breakup. Fault divorces can take longer and may involve more complex issues that the couple must resolve.
The Divorce Petition and Filing Process
To start the process, you or your lawyer will prepare a divorce petition. This document asks the court to legally end your marriage.
- Preparing the divorce petition: This document will include important details about your marriage, such as the names of both spouses, whether you have children, and what you’re asking for (like custody or division of property).
- Where to file: You must file the divorce petition in the Clerk of Superior Court of the county where you or your spouse lives. Filing in the correct county is essential for the court to process your case.
- Required paperwork: Along with the divorce petition, you may need to submit other documents, such as financial information, details about your children, and other forms the court requires. The exact documents can vary, so it’s helpful to check with the court or your lawyer.
Serving Your Spouse With Divorce Papers in Georgia
After filing for divorce, Georgia law requires you to “serve” your spouse with the divorce papers. This means they must receive a copy of the petition so they are aware of the divorce.
There are several ways to serve your spouse:
- Personal service: A sheriff or professional process server hands the papers directly to your spouse.
If you can’t find your spouse in the state, you can request permission from the court to use “service by publication.” This involves publishing a notice in the newspaper as a way to inform your spouse.
After a certain period, the court may allow the divorce to move forward without your spouse being directly served.
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(770) 479-1500Determining What Type of Divorce to Pursue
In Georgia, there are two main types of divorce based on whether both spouses agree on key issues: contested and uncontested. This is separate from the reasons for divorce, which are classified as either fault or no-fault.
Uncontested Divorce
In an uncontested divorce, both spouses agree on all major issues, like child custody, support, and dividing property. Uncontested divorces are usually quicker and less costly since there’s no need for a trial or extensive court involvement.
Contested Divorce
In a contested divorce, the spouses do not agree on one or more issues. These can include who gets full custody of a child or spousal support. The court must settle these disagreements before the couple can go their separate ways.
Contested divorces can take longer and may involve multiple court hearings, adding to the time and expense.
Determining Child Custody and Support
The court decides on child custody and support based on what is in the child’s best interest. This includes physical custody (where the child lives) and legal custody (who makes decisions about the child’s welfare).
Georgia courts encourage arrangements that allow children to maintain strong relationships with both parents. Custody can be joint (shared) or sole, depending on the family’s circumstances and what arrangement best supports the child’s well-being.
Child support is calculated based on state guidelines, which consider each parent’s income and the child’s needs. The goal is to support the child’s financial stability. Our Canton contested child custody lawyers work to resolve differences over custody when they arise.
Finalizing Your Divorce
Completing a divorce in Georgia involves a final hearing and an official court decree that legally ends the marriage. Once the divorcing couple settles all issues—like division of property, child custody, and support—the court will schedule a final hearing.
During this hearing, the judge reviews the case to ensure all legal requirements are met and that both parties agree (or any disputes are resolved). The judge then issues a final decree, which is the court’s official order completing the divorce.
Final Hearing and Decree
The final hearing is typically brief, especially if both parties agree on all of the divorce’s terms. In uncontested divorces, this may only involve confirming agreements. In contested cases, the judge reviews the arguments and makes final rulings on unresolved issues.
Our divorce lawyers can help you prepare for the hearing and make sure your rights are protected, especially if complicated issues are involved.
Timeline for a Finalized Divorce
How long it takes to make a divorce final varies. In uncontested cases, it may take as little as a month from the date of filing. For contested divorces, the process can take months or even longer, depending on the issues and the court’s schedule.
We will guide you through each step, letting you know what you can expect during a divorce from start to finish. We can review other options, including mediation, and work to avoid unnecessary delays.
Need Help Filing for a Divorce in Georgia? Call Us
Filing for divorce in Georgia can be challenging, especially when you must address complex legal, financial, and family matters. Working with the Canton family lawyers at Speights Law can make a difference in your case, whether you’re facing a contested or uncontested divorce.
For nearly 25 years, we have helped many Georgia families resolve challenging legal issues, and we can help you, too. Our team will handle the key issues in your case and work diligently to achieve the best outcome that helps you move forward.
Reaching out for legal advice and support can help you feel secure and prepared during this life transition. Call us today for a private consultation.
