Do you want to know how to apply for divorce in Georgia?
There are 13 reasons for divorce in the state of Georgia. One of these is “irreparably broken [marriage],” also known as the no-fault basis. Unlike the other 12 reasons for divorce in Georgia, this one does not require proof of misconduct by one of the marriage’s partners. The pair must satisfy residency criteria and be deemed divorced. To be deemed divorced, a pair must reside in the same home but not share a bed or have a physical connection.
Table of Contents
Requirements for Residency
A pair must have lived in Georgia for at least 6 months before filing for divorce to meet the registration criteria.
Divorce Petition
Once a pair has met the domicile criteria and has split, they must apply for divorce. The Plaintiff (the person wanting the divorce) will submit a case in the supreme court of their spouse’s county, or, if the parties concur and file a forum release, in the county where the Plaintiff lives. If the plaintiff’s partner no longer resides in Georgia, the lawsuit can be submitted in the plaintiff’s home county.
The lawsuit will detail information about the marriage, such as current living arrangements, children from the marriage, assets, obligations, and the precise reasons for divorce sought by the petitioner. The constable or another court-approved process officer will then serve a duplicate of the lawsuit on the Defendant (the other partner). The suspect can escape delivery by electing to accept legal process. If a Defendant cannot be found, a declaration of careful inquiry can be submitted, and the court may authorize serve by publishing. (that search must be extensive).
After receiving the divorce lawsuit, the respondent may dispute the cause for the divorce as well as the claims for alimony, child custody, child support, or property split. The judge must receive the response to the lawsuit.
While the application is being handled and the couple awaits their divorce hearing, either partner may seek an interim hearing. While the couple awaits their divorce, this interim court is intended to settle day-to-day problems such as child custody, parenting time, child support, alimony, obligations, and property ownership. After determining the best course of action to settle the situation until the hearing, the court will issue an interim order to address the problems at hand. This interim injunction would also prevent one party from selling properties, moving money, or meddling with the children.
During the final trial, a single judge or a panel of 12 (if one of the parties asks one) will settle all financial problems of the marriage (division of property, division of bills, alimony and child support) as well as any concerns of child custody and parenting time. During the hearing, both sides give testimony and may summon additional witnesses. Following the judgment of the judge or juror, a court ruling is made that is enforceable on both sides. In addition, once the ultimate choice is taken, the wife’s original name may be restored.
A Word on Forms
These papers must be obtained from your local County Clerk of Court. Although not all counties provide all necessary forms, several counties, including Fulton and Dekalb, have internet forms that can be modified to areas where officials do not provide judicial forms.
A Word on Going to Court
If a couple can reach an arrangement that settles all of the problems that emerge when a marriage ends, such as property and financial split and child rights, they may submit a settlement agreement to the court. If the court grants approval, the compromise deal becomes a court order, and the court order ends the case.
It should be noted that many Georgia courts, but not all, enable the parties to forgo a judicial hearing and submit an unopposed case on the papers. Many municipalities have local processes for requesting hearing waivers that must be observed.
Many courts require a parenting program before issuing a definitive ruling in cases involving children, and most courts now require conciliation in disputed cases.
Whether you and your partner concur on the conditions of your divorce or not, you should consider hiring a counsel to assist you with your divorce paperwork.
