Ending your marriage can be a difficult process. This guide aims to provide a clear path through the steps involved in the divorce process and your personal life during this major life change.
1. Begin the process with the knowledge you need.
Before you start the divorce process, make sure it is the right choice for you. Consider counseling alone or with your partner to see if fixing the relationship is possible or to prepare yourself emotionally.
Once you decide, learn about your Georgia divorce law. This knowledge can help you make informed decisions throughout the divorce process. For example, understanding that Georgia has no waiting period for divorce but requires you to have lived in the state for at least six months can help you determine whether you need to wait to file.
2. Reach out to an experienced family law attorney.
Choosing the right attorney is key because they will help with the legal parts of the divorce process and look out for your interests. Many lawyers offer free consultations, so you can talk about your situation with them before deciding to work together.
3. Gather necessary documents.
Your lawyer will need several documents to start your divorce. Gather these as soon as you can:
- Personal identification like your ID, passport and Social Security card
- Marriage certificate
- Financial records like bank statements, tax returns and loans
- Property papers like the deed to your house or the title to your car
- Debt details like credit card statements and utility bills
- Proof of income, including pay stubs and work contracts
- If you have them, prenuptial agreements
Getting these documents early will speed up the process and build a strong case.
4. File the divorce petition.
Your attorney will write the initial divorce papers, also called the petition or complaint. These papers ask for the divorce and list your initial requests about property, custody, and support. You then file these papers with the court and pay a filing fee.
5. Serve your spouse.
After filing, your spouse will receive notice that you have filed for divorce from a “process server.” Process servers include sheriffs or deputies, a private process server or sometimes by certified mail. The person who serves the papers will give proof to the court, which is important to make the divorce legal.
Your spouse has a limited time to respond after receiving these documents. If they agree with the petition, the process may proceed relatively smoothly. If they contest the divorce or the terms within the petition, you might be facing a more complicated divorce process that could involve mediation or a trial.
6. Talk with your loved ones about divorce.
Decide who you want to tell about your divorce based on who will support you the most. It is usually best to start with close family and friends. If you need to make a more public announcement, keep it short and respectful. While your family can be a great support system, it is also important to avoid rashly saying things that could creating additional conflict during the divorce process.
7. Navigate mediation and trial.
If you and your spouse disagree on things like property or custody, you might go to mediation. This is where a neutral person helps you both try to agree. If mediation does not work, your divorce may go to trial where a judge will make the final decisions.
8. Finalize the divorce.
Once you resolve all issues, through mediation or trial, you will sign the final divorce decree. This document legally ends your marriage and spells out everything about the divorce, like how you will divide your property, how you will share custody of your child and any child or spousal support.
9. Move forward.
After your divorce is final, take time to adjust to the new changes in your life. It might help to talk with friends, family, or a counselor. Make sure to update important documents like your will and insurance policies, and think about financial planning for your new situation.
Divorce is a major event that can be full of emotions and challenges. Understanding the process, preparing well and getting the right support can help you approach these challenges with greater confidence.