How To File for Divorce in Georgia

Getting divorced is not as easy as getting married. If you're considering divorce, you should learn about Georgia's divorce laws. Even if you've been through a divorce, it doesn't necessarily make it easier.

Here, we'll explain how the Georgia divorce process works. We'll also discuss how the Georgia courts handle such issues as alimony, child custody, and property division. If you still have questions about your divorce case, consult a skilled family law attorney in Georgia.

Contested vs. Uncontested Divorce in Georgia

The divorce process in Georgia depends on whether your case is uncontested or contested. In an uncontested divorce, you and your spouse agree to the divorce terms. You can submit a copy of your divorce settlement agreement to the court for approval. Once the judge approves your agreement, they can issue your dissolution of marriage (divorce decree).

If you're fortunate, the Georgia courts may issue your decree of divorce within a month or so. There is a 31-day mandatory waiting period between the filing date and your final court order.

You'll file a contested divorce if you and your spouse disagree on any legal issues. A contested divorce almost always takes more time than an uncontested divorce action. They also cost more money. You may need to hire experts and court reporters for depositions. You may also need to pay to see a mediator.

The most critical issues in a contested divorce include:

• Alimony or spousal support
• Child custody for minor children
• Child support
• Division of marital property

A contested divorce in Georgia can take several months to a year.

Remember that a divorce may start uncontested and become contested, especially about a parenting plan or alimony. A divorce can also begin contested and become uncontested. Your Georgia divorce lawyer may be able to negotiate an out-of-court settlement.

The Georgia Divorce Process: Overview

Below, we will outline the procedure for a contested divorce in Georgia. The table below provides helpful information about the divorce process.

The Complaint for Divorce

If you're filing for divorce in Georgia, you will (usually through your attorney) complete a form that is essentially a legal "complaint for divorce." Your petition for divorce describes your current living situation, a domestic relations financial affidavit, and what led to the divorce filing. The complaint for divorce also details what you want the outcome of the divorce to be.

You must cite one of 13 different grounds for divorce for the court to grant the divorce. The most common grounds for divorce in Georgia are "irreconcilable differences." You can cite this ground for divorce if you're filing a no-fault divorce. You must certify to the superior court clerk that your marriage is irretrievably broken and beyond repair.

The remaining grounds for divorce in Georgia include:

• Intermarriage by people within the prohibited degrees of kinship
• Mental incapacity at the time of the marriage
• Impotence at the time of the marriage
• Force, menace, coercion, or fraud in obtaining the marriage
• Pregnancy of the wife by a man other than the husband at the time of the marriage (and unknown to the husband)
• Adultery during the marriage
• Desertion
• The conviction of a crime of moral turpitude that results in a prison sentence of at least two years
• Habitual intoxication
• Cruel treatment
• Incurable mental illness
• Habitual drug addiction

Georgia is not a no-fault divorce state. The court can consider fault when deciding property division, child custody, and alimony. Choose your fault grounds for divorce wisely.

Where To File for Divorce

To qualify for a divorce, you must meet Georgia's residency rule. According to Georgia law, you must live in the state for at least six months before filing your divorce. If you qualify, you'll file your complaint with the superior court of the county in which you live. You can also file your paperwork with the court clerk's office in your spouse's county of residence.

You must pay a filing fee to the county superior court. Usually, the divorce filing fee is around $200. You can apply for a fee waiver if you can't afford to pay.

Serving Your Spouse

After you file your complaint for divorce, you must complete service of process. This requires that you give your spouse a copy of your summons and complaint. This paperwork informs them of the divorce proceeding and what steps they have to take.

There are two ways you can serve your spouse in the state of Georgia:

1. If you believe your spouse will agree to accept the service, you can send the paperwork via certified mail and ask your spouse to sign an Acknowledgment of Service form in front of a notary. Your spouse then gives you the form so you can file it with the court.
2. If you don't think your spouse will agree to acknowledge service, you can ask the sheriff or a private process server to serve your spouse. You will have to pay the sheriff or process server a small fee. The sheriff or process server then gives you an affidavit of service you provide to the court. This affidavit verifies that your spouse received notice of the divorce.

Once service is complete, your spouse has 30 days to file an "answer." The answer outlines their response to your complaint and what they want from the divorce.

Your spouse can also cite a defense to the grounds alleged in your divorce complaint.

The defenses to divorce in Georgia are:

• Prior existing marriage
• Insanity
• Recrimination
• Collusion
• Condonation
• Connivance

If your spouse does not file an answer to the divorce complaint within 30 days, they waive the right to be notified of any future notices about the case, including the time and place of the trial. The judge can issue a final judgment without your spouse's knowledge or involvement. But the respondent retains the right to defend themselves at any time before the judgment is entered. Georgia does not offer default judgments in divorce.

Discovery Process

The next phase of the divorce process in Georgia involves discovery. This is the process of getting and giving information essential to the divorce process. It includes financial information, sworn statements, and admissions. Depending on the case, the investigative discovery process can be formal or informal. Formal discovery can become expensive and time-consuming. This is why most people choose the informal option.

Settlement Efforts

Most divorce cases involve an out-of-court settlement. These efforts may include mediation, arbitration, or a settlement conference. These alternative dispute resolution methods aim to avoid an expensive and time-consuming trial. Most couples settle their divorce cases through one of these methods.

The Trial

The court will schedule a trial if you and your spouse cannot agree on the divorce issues. In Georgia, a divorce trial may take place in front of a judge or a jury. After trial, the judge will issue a final order and decree of divorce. Going to trial is usually very expensive and requires significant attorney's fees and related costs.

Do I Need a Lawyer to File for Divorce in Georgia?

Georgia law doesn't require you to hire a divorce attorney. That said, working with an experienced attorney who knows the divorce process inside and out is helpful. This is especially true if you have minor children or significant assets.

You should also have a Georgia divorce lawyer review your settlement agreement. This ensures that you aren't missing anything and that the agreement protects your rights. Some divorce lawyers offer free initial consultations where you can ask questions and learn about the cases they typically handle.

Georgia Divorce Laws at a Glance

More details about the divorce process in Georgia are in the following table.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, please consult an attorney or conduct research to verify your state's laws.

Filing for Divorce in Georgia? An Attorney Can Help

Divorce is a complex process. It involves a lot of legal forms and paperwork. It also requires that you negotiate the terms of your divorce with your soon-to-be ex-spouse. One way to make the divorce process less painful is to hire an experienced Georgia divorce lawyer.

Your divorce attorney is familiar with the laws and with how the local courts work. They also have years worth of experience dealing with other Georgia divorce attorneys. They'll work hard to ensure you walk away with a fair divorce settlement agreement. They'll also help you navigate the Georgia family court system.

Georgia Divorce Process: Related Resources

• Georgia Divorce Laws
• Georgia Marital Property Laws
• Georgia Child Custody Laws
• Georgia Child Support Guidelines
• The Divorce Process: Do's and Don'ts