Today, we’re discussing how to file for divorce in Georgia.
You’re gonna learn things like:
Let’s dig in.
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Trying to figure out how to file for divorce in Georgia can feel daunting.
You have a couple of options on how to file for divorce in Georgia.
Which type of divorce in Georgia you can have depends on:
If you’re considering a do it yourself divorce in Georgia, you need to have an understanding on:
There are a few requirements you need to meet when filing for divorce.
You need to make sure that you meet Georgia’s residency requirements.
Especially before you figure out the whole process for how to file for divorce in Georgia.
To file for divorce in Georgia, you have to have been a resident of Georgia for 6 months.
To be an official resident of Georgia, you have to:
Another requirement is determining your grounds for divorce.
In Georgia, you can have a no-fault divorce or a fault-based divorce.
If you have a fault-based divorce, these are things like:
If you have one of these you select them as the reasons for your divorce on your divorce papers.
But what if none of these things happen and you just want to get a divorce?
You can file for a no-fault divorce in Georgia by selecting “irretrievably broken” on your papers.
This means that the spouses can’t get along and they don’t want to fix things.
The real benefit here is that choosing a no-fault divorce means the cost of divorce is lower.
Because you don’t have to prove fault or contest fault in court.
But there are reasons that choosing fault when filing for divorce in Georgia is good.
For example, a spouse who deserted their family may have to pay alimony.
Choosing grounds of abuse sets up the proper restraining orders that you need to be safe.
Related: How Long Does A Divorce Take
Let’s talk about what’s included in your Georgia divorce papers.
This includes your petition for divorce in Georgia and everything else you need.
If you have an uncontested divorce in Georgia, you file all the divorce papers above.
But you also include:
You can find these papers for filing for divorce at your local Superior Court Clerk’s Office.
Filing a petition for divorce in Georgia initiates the divorce process.
Your petition for divorce may also ask the courts to:
When you file for divorce, you can include what you’d like to happen with the above issues.
Note that the more fair you are (and not outlandish) the more likely you’ll get it.
When figuring out how to file for divorce in Georgia, you need to decide on your type of divorce.
You can have a contested divorce or uncontested divorce in Georgia.
An uncontested divorce is where you and your spouse agree on all issues about:
For an uncontested divorce in Georgia, you don’t have to go to court to battle.
You can add these agreements to your divorce settlement agreement.
Then, you submit this agreement to the courts with your petition for divorce.
You’ll then schedule a hearing to go in front of the judge.
They will review the settlement agreement and make sure that it’s fair for both spouses.
And then they will issue your final divorce decree.
Let’s talk about a contested divorce in Georgia.
Contested divorces are when the spouses cannot agree on any or all of the issues listed above.
When the issues are contested, you file a petition for divorce without a divorce settlement agreement.
You will then need to go in front of the judge to have them make those decisions for you.
Once each spouse has presented their side of the story, the judge will issue the final judgment.
Now, you may agree on some issues but disagree on one issue, like child support.
In this case, the judge will usually let you make the decision on the things you agree on.
And only make a decision for you on the issues you can’t resolve.
Related: Grounds for Full Custody of Child
We need to reference the residency requirements when figuring out how to file for divorce in Georgia.
You’ll have to file your petition for divorce at the local Superior Clerk’s Office.
“Local” refers to the county that you or your spouse have lived in in the past 6 months.
For example, let’s say that you moved to Fulton County 6 months ago.
But your spouse stayed in Gwinnett County, where you used to live together.
You can file in either county, but we recommend you file for divorce in your county.
After filing for divorce in Georgia, you have to serve your spouse with the divorce papers.
Serving your spouse informs them that you filed for divorce.
If you hire a divorce lawyer in Georgia, they will handle this for you.
There are two reliable ways to serve divorce papers in Georgia:
With either route, you need to know where your spouse lives.
Certified mail is good if you think your spouse will sign the divorce papers.
Sheriffs are good if you think your spouse won’t sign the papers.
And you’ll need to get a receipt of delivery so that you can file this with the courts.
After serving, your spouse has 30 days to file their response with the Superior Clerk’s office.
If your spouse does not respond, it’s likely that the judge will grant you a default judgment.
Meaning that you get whatever you asked for in the divorce petition.
Related: How to Leave Your Husband
So your spouse figured out how to file for divorce in Georgia and sent you the divorce papers.
How does a spouse answer the divorce petition?
You (or your spouse) have 30 days to respond to the divorce petition in Georgia.
To answer the petition, you need to file an “Answer and Counterclaim.”
After figuring out how to file for divorce in Georgia, you’ll go through a “discovery phase.”
This is where each spouse lists out all income, expenses, assets, and debts.
You, nor your spouse, should hide assets in a divorce.
Because there are penalties for hiding assets in a divorce.
Such as receiving fines or potential jail time.
If you want the best divorce attorneys to represent you, fill out the form below.
We have the experience needed to ensure that your rights are protected.
This means that you don’t wrongfully lose custody of your children.
We also make sure that your divorce judgment is equitable and fair.
This means you don’t get raked over the coals financially.
After you fill out the form below, we will set up your free consultation.