The Divorce Process in the State of Georgia
Divorces can take anywhere from 1 to several months or years to be granted after you file for divorce, depending on the complexity of the case.
Filing a divorce is rarely easy. While you can go about the proceedings on your own, you should still consult a family law attorney. Lawyers often see trouble areas that you won’t recognize at first and push divorce proceedings along more efficiently.
What are some basic requirements to file for a Divorce?
In order to get a divorce in Georgia, Georgia law requires one of the spouses to be a resident of the state. The spouse that is a resident must also be the spouse that files for divorce, which is not an advantage. In Georgia, the residency requirement before filing for divorce is six months.
File your complaint at the Superior Court in your spouse’s county of residence. If your spouse has moved away from Georgia, you can file for divorce at the Superior Court in your county.
What is the “Waiting Period for Divorce” in Georgia?
Georgia courts do not want to begin the Divorce Process or finalize a divorce for a couple that may reconcile. Arguments and frustrations are part of every relationship, and the courts want to give the couple an opportunity to cool down before they divorce. Georgia courts will not grant a divorce in less than 30 days after the divorce papers were served to the non-filing spouse, even if both spouses agree to the divorce sooner.
Taxes and Legal Documents
Collect tax returns, deeds, bankruptcy petitions, and all other documents related to joint finances.
Start keeping a monthly budget. When you present your case to the court, you’ll need documentation that shows how much on average you spend on things such as groceries and utility bills. A well-organized budget strongly supports a case that you’ll need a certain amount of money every month in child support and alimony.
How do I file for divorce in Georgia?
The Divorce Process in Georgia requires the spouse that wants to file for divorce to write a complaint, or petition, that describes your current living situation, the arrangements you’ve made for your children, the state of your shared assets and debts, and the specific problems that led you to file for a divorce.
When writing the complaint, you don’t have to detail how much money you want in child support and alimony, and you don’t need to list every grievance. You just need to explain clearly the major issues involved in the marriage.
How long will it take for the court to grant my divorce?
If you and your spouse agree on the terms of separation, the court can grant your divorce in a little more than a month. However, if you and your spouse do not agree, the process may take several months or even years. Hire Attorney Sean R. Whitworth if you live in the Greater Atlanta area and he will help you make the process more efficient and faster.
What is a No-Fault Divorce?
A no-fault divorce is the most common form of divorce in Georgia. This is because, even when one spouse is at fault (there is a legal justification for the divorce), the divorce process is a lot faster if the divorcing spouse files for a no-fault divorce. To get a fault-based divorce, the divorcing spouse must prove the facts that justify the divorce.
On the other hand, in a no-fault divorce, the divorcing spouse only needs to show the court that there has been an “irretrievable breakdown” in the marriage. This means that there is a substantial incompatibility between the spouses that will never be resolved.
How do courts grant child custody?
The courts favor the best interests of the children, and so the parent who uses the best judgment in caring and planning for the children wins legal custody. If both parents share equally in caretaking, courts may grant joint legal custody and joint physical custody.
It’s always best if you and your spouse can work to agree on custody issues, even after the court sets a custody plan for your case.
Getting Divorced? Get Help From a Georgia Family Law Attorney
We at the Law Offices of Sean R Whitworth highly advise against going through a Divorce without Legal Counsel ESPECIALLY if your spouse has an attorney. It not only complicates matters but gives your spouse an unfair advantage.
We offer a complimentary consultation in Marietta to discuss your case before you file for divorce. Feel free to contact the Law Offices of Sean R. Whitworth serving the Greater Atlanta Area. Call 770-490-0921 or Book Your Appointment Below.