How to File for Divorce in Georgia? Step by Step Guide
Getting divorced is always stressful. However, knowing what to expect can make the process easier. Discover how to file for divorce in Georgia and what steps you can take to streamline the process below.
Step 1: File the Petition
Day one of your divorce proceedings will commence when you or your spouse files a petition for divorce with the court. Here in the Peach State, you can do this by heading to the Clerk of the Superior Court in the county where your spouse lives. The Petition of Divorce will include the grounds for divorce and what you’re asking for from the court regarding child custody, division of assets, and other potential issues. You will also need to pay the filing fee.
Step 2: Serve the Papers
Next, you must serve your spouse with the divorce papers. You can hire a private process server or turn to the county sheriff for help with this essential step. Either way, it generally takes one to two weeks to serve papers.
Step 3: Answer and Counterclaim
Your spouse will have 30 days to answer your Petition for Divorce after being served. Their response can involve admitting or denying any allegations made in the document and additional requests, including counterclaims.
Step 4: Discovery
During the discovery process, the two spouses and their legal teams exchange information such as financial documents, property records, and witness depositions that could be relevant to divorce cases. You may be required to provide tax returns, pay stubs, asset valuations, and other information. Preparing adequately during this step can improve your chances of a positive outcome in your case—so don’t rush the process.
Step 5: Negotiations
Next, the couple will negotiate agreements regarding child custody, child support, spousal support, asset division, and debt distribution. Most couples accomplish this goal through mediation or another alternative dispute resolution (ADR) method. Around 93% of divorces nationwide involve ADR.
The goal of mediation and other forms of ADR is to come to an amicable agreement about how to handle the details of the divorce. This step is integral to the uncontested divorce process. If you and your spouse are unable to come to an agreement, you’ll need to file for a contested divorce instead and may need to take the case to trial.
Step 6: Trial
For a contested divorce, you will need to go to court to resolve disputes with the help of a judge. This is often a lengthy process that can take up to a year. You and your spouse will each present your arguments and evidence, and the judge will make the final decisions about unresolved issues.
Step 7: Divorce Decree
After a contested divorce trial or an uncontested divorce hearing, the court will issue a final decree of divorce. The divorce decree will outline all the terms of the divorce, including how assets and debts will be divided, who will take custody of any children, and whether spousal support payments will be required. One or both parties can appeal certain aspects of the decree, but once it’s finalized, both parties are legally obligated to follow it.
After the divorce, you can request a copy of your divorce decree from the Georgia Department of Vital Records.
Uncontested vs. Contested Divorces
The process of getting a divorce varies based on whether your divorce is contested or uncontested. The primary difference between these two methods of legal separation is that in uncontested divorces, both parties agree on the terms without the need for a trial.
Uncontested divorces cost significantly less than contested divorces and take less time, so most couples prefer to take this approach if it’s possible to resolve issues amicably.
Why Hire a Divorce Lawyer?
Whether you’re undergoing a contested or an uncontested divorce, it’s always worth it to hire a divorce lawyer. In 46.4% of divorce cases, both parties hire lawyers. Divorce lawyers know the ins and outs of divorce laws. They can help you stay abreast of essential deadlines, gather relevant evidence during discovery, and protect your interests during negotiations or trials.
FAQs
How Much Does It Cost to File for Divorce in Georgia?
The costs to file for divorce in Georgia depend on factors like the complexity of the case and whether the divorce is contested. Simple, uncontested divorces can usually be completed for a few thousand dollars. A complex contested divorce might cost $20,000 or more to resolve, especially if the case needs to go to court.
What Is the First Step to Filing for Divorce in Georgia?
The first step to filing for divorce in Georgia is to visit the Clerk’s Office of the Superior Court to file a Complaint for Divorce. This legal document states the reason you have for seeking divorce and outlines what you’re asking the court to do. If you’re not sure how to prepare a Complaint for Divorce, you can hire a Georgia divorce attorney to help.
How Long Do You Have to Be Separated Before Filing for Divorce in Georgia?
You have to be separated for at least twelve months to file for divorce on the grounds of voluntary separation. However, there is no legal separation requirement to file for divorce on the grounds that your marriage is irretrievably broken. You can claim this standard for divorce at any time.
Can I Do My Own Divorce in Georgia?
You can do your own divorce in Georgia in certain circumstances, but it is not recommended. You can only handle the entire divorce process yourself if it is an uncontested divorce in which both parties agree on property division, child custody, spousal support, and other key issues. Even if this is the case, hiring a Georgia divorce lawyer is generally recommended as it will help to expedite the process and ensure that your rights are protected throughout.
How to File for Divorce in Georgia: The Final Word
If you’re still having trouble understanding how to file for divorce in Georgia, your next step is easy. Schedule a consultation with a divorce lawyer who can help. Young Law Firm, LLC, has been practicing divorce law for over four decades. We have the experience and knowledge of divorce laws required to simplify the process and make it as stress-free as possible. Call 707-795-9596 or contact us online to schedule a free 30-minute initial consultation.
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