Filing for divorce is a life changing event. This article is an introduction to Georgia divorce laws, how the process works, and things you need to know when planning a divorce.
Getting a divorce in Georgia requires preparing and filing specific documents. The initial filing is fairly easy. Shortly after filing, you will need a great deal of specific information to begin drafting your divorce settlement agreement. If you have minor children, a family business, or complex finances your divorce will require a significant of legal help.
In Georgia, you are not required to be represented by a divorce lawyer. However, because the process can be complicated, you would almost certainly be making a huge mistake in trying to handle it on your own. This is especially true if your spouse does hire a lawyer. Without a thorough understanding of Georgia divorce laws it is impossible to achieve an optimal outcome.
To file for divorce you must satisfy certain legal requirements. With the necessary divorce forms completed, your petition for divorce needs to be filed with the Superior Court in your county of residence.
The Georgia residency requirements for filing divorce are as follows:
(Per Georgia Code – Sections: 19-5-5) No court shall grant a divorce to any person who has not been a bonafide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.
There is a formal Petition for Divorce which must be completed and filed with the Superior Court in the county where you live. The person who files for divorce is known as the "Petitioner" and the other person is known as the "Respondent". The Superior Court Clerk’s Office will process your petition, and formal divorce papers will be served to your spouse. Your spouse then has has 30 days to file a formal response to the petition.
Your divorce petition needs to include the following information:
There are 12 grounds for divorce in Georgia. Stating your reason (grounds for divorce) is a required part of your divorce petition. You must cite at least one of the established grounds for divorce. "Irreconcilable Differences" is probably the most frequently stated reasons for filing divorce.
When you file for divorce the repercussions move throughout your personal life. Your lawyer will work with you to draft your desired living conditions. This will be submitted to the court for consideration in determining temporary orders. Your spouse has the right to submit their own requests. The judge will make the decision on all points.
It is customary to request the court to confirm living arrangements that will be in place until your divorce becomed final. Temporary Orders typically address living arrangements, disposition of property, child custody, child support, visitation, spousal support, and similar matters.
During the divorce process you will usually be forbidden from selling or disposing of assets, property or otherwise significantly altering marital assets.You are legally obligated to follow all points of a court order. Violating a court order is grounds to be charged with contempt of court.
In order for the court to make decisions for temporary orders you are required to submit certain personal information. Examples of personal information that are or may be required are income and expense declaration forms, financial statements, and lists of accounts with balances. If you have children you need to provide information such as ages, special needs, etc.
At this point, with temporary orders in place, the terms of your personal life are set while you work through your divorce. This is usually a very stressful and frustrating period. As your divorce lawyer we will keep you informed on challenges, needs and progress on your case. Your top priorities should be taking care of yourself and any chldren, and being very mindful of your personal conduct.
The next step of the process is to mutually develop and agree on all points in a Divorce Settlement Agreement.
The Settlement Agreement is a legally binding contract that defines the terms of your divorce. Your Settlement Agreement can include almost anything. It normally includes terms on property division, financial asset distribution, and all aspects of parental rights and obligations. It takes considerable time to negotiate each point and come to an agreement.
In order facilitate the development of the Settlement Agreement your lawyer will work with you through a discovery process. The purpose of the discovery process is to gather and document facts and evidence that are used in your case. Types of information that may be needed are living expenses, income, marital and financial assets. Other information that may be needed to manage your case is evidence of adultery, physical abuse, molestation, criminal conduct and similar issues.
If you and your spouse cannot reach agreement on the terms of your divorce your case will be decided by a judge. This adds a degree of uncertainty to the nature of the outcome. A judge may direct a resolution that is different from what either spouse requested. You and your spouse should make every reasonable effort to not move your case into court. When the matter of the Divorce Agreement is settled your case will move forward for the court to issue a final decree of divorce.
The issuance of a final decree means you are legally divorced. You should familiarize yourself with every aspect of your agreement. Failure to comply with any point may be grounds for your ex to file a motion for contempt. If this happens our law firm can represent you to file the motion or defend you from contempt charges.
After your divorce decree has been granted (finalized) any changes to your Settlement Agreement are made through a formal motion for modification. People usually wait at least a year to file a motion for modification.
Theoretically it’s possible to get a divorce in Georgia is as little as 31 days. The reality for an uncontested divorce in Georgia is six months to one year from filing to receiving your final decree. A contested divorce in Georgia can range from six months to several years. Our low-conflict approach works to minimize fighting and maximize productivity.
What makes it take so long? The common cause for a divorce dragging on is probably the same as why you are getting divorced – you and your spouse cannot agree on major items. Arguments over money, property, child custody, visitation and related matters take time to settle. Our expertise in divorce laws and negotiating skills can keep fighting to a minimum.
There are numerous reasons your spouse or their lawyer may try to drag out your divorce. If possible, you should develop a divorce plan before you file. With a good strategy you can prevent and manage common obstacles thta stall getting a divorce finalized. We can develop a divorce strategy that can lower the cost of a divorce and keep things moving forward.
As your divorce lawyer we work to have productive communications with your spouse’s attorney, thereby expediting agreement on every item. We will work hard to protect your interests and deliver stellar results.
James Hobson is a marketing professional and author with 40 years of experience in sales, marketing, print and digital advertising. James is a frequent contributor to law firm and business blogs under the nom de plume Jimmy Duncan.
