Overview of Divorce Process In Georgia
For those seeking a divorce in the state of Georgia it is important to know how the process works, so that the know what to expect. Knowing the legal divorce process in the state will also help you to avoid any surprises and to be well prepared for the journey that you are undertaking. Similar to th
Represented vs UnrepresentedFor those who are choosing self representation it is referred to as *pro se,* which is pronounced *pro say.* If you will be representing yourself you will be responsible for filing the proper forms with the court. The clerk*s office will have the necessary forms that are needed for filing and they may be able to suggest pro bono assistance in filling them out and getting them filed. They may also be able to refer you to attendants who can answer questions. Those working with an attorney may find the process goes smoother, because their attorney knows the laws and will see to it that the process is followed.
Fault Required in Georgia?Georgia offers a no-fault divorce, which means that there doesn*t have to be a specific person at fault for the divorce, nor does there need to be a specific reason for the divorce. There just needs to be an understanding that the marriage is broken beyond repair. Divorce in Georgia serves two purposes, which is to end the marriage and determine the allocation of assets. The court has the authority to determine the division of property, alimony, and make child custody decisions for those who are seeking a divorce and have minor children.
Residency RequirementIn order to file for a divorce in the state of Georgia you need to have been a resident in the state for at least six months leading up to the filing. The divorce will be filed for in the county for which you reside. You may be required to show proof of residency. Your spouse does not need to still be living in the state in order to file for divorce. Once you have filed for divorce within the state then you are able to move anywhere you would like to and the divorce process will continue in the state of Georgia.
Filing and ResponseThe process of divorce in the state of Georgia follows that the request for divorce will be filed, the spouse will be served with the papers, and the spouse will be able to respond to the filing. If your spouse lives in Georgia they will have 30 days to respond, and longer if they live outside of the state. Depending on whether or not they give a response, so the court knows if it is contested or not, a hearing date will be set. If there are issues that will need to be resolved, such as child custody and property division, then a hearing will be scheduled.