How To File for Divorce in Georgia? Step By Step Guide

If you’re considering filing for divorce in Georgia, you need a solid understanding of the steps involved. Explore how to file for divorce in Georgia, including requirements, procedures, and what to expect along the way.

Understanding Georgia Divorce Laws

Georgia boasts one of the lowest divorce rates in the country, at just 2.1 per 1,000 individuals, with a marriage rate of 6.1 per 1,000. However, divorce still happens.

Before beginning the divorce process, you need to know how Georgia divorce laws can impact your case. For example, Georgia requires that at least one spouse must have lived in the state for a minimum of six months prior to filing for divorce. This gives the state full jurisdiction over your case.

Georgia also allows for no-fault divorce and fault-based divorce. A no-fault divorce simply means the couple can’t continue the marriage with any hope of reconciliation. Overall, Americans report basic incompatibility as the leading cause of divorce.

Fault-based divorce is when there are grounds for the divorce, such as adultery, addiction, or abuse.

Some key issues addressed in a divorce case include: 

• Division of property and debts
• Child custody and visitation
• Child support
• Alimony

Because of the complexity of these matters, many people choose to hire a divorce lawyer to ensure their interests are protected under Georgia divorce laws.

Filing the Divorce Petition and Awaiting Response

The process of filing for divorce begins when one spouse files a complaint for divorce with the Superior Court. For Gilmer County residents, this happens at the Gilmer County Superior Court building on Broad Street in Ellijay. The petition should include the legal grounds for divorce, the identification of both spouses and children, and a statement of requested relief, such as custody arrangements, child support, and property division.

Once filed, the petitioner must serve the other spouse with the divorce papers. This can be done through a sheriff’s deputy, a process server, or by having the respondent sign an acknowledgement of service. After this, the respondent must file an answer with the court. If they don’t, the divorce may proceed by default.

Temporary Orders

While the divorce case is pending, either spouse may request temporary orders. This can cover: 

• Temporary child custody
• Temporary child support
• Temporary alimony
• Use of the marital home or vehicles

These orders maintain stability for the family during the transition process.

Discovery Process

The discovery phase allows both parties to gather important financial and personal information. This may include written questions, requests for financial documents, and depositions. Discovery helps ensure fairness when dividing property, setting support amounts, and resolving custody disputes. Because discovery can be highly technical, it’s often wise to hire a divorce attorney, especially when managing this phase of the divorce proceedings.

Negotiation and Mediation

In Georgia, courts often encourage couples to resolve disputes through mediation before going to trial. Mediation can be more cost-effective and helps spouses come to agreements on important matters with fewer arguments.

Many divorce cases settle during this stage, which can help you avoid the stress and expense of a trial. If mediation fails, however, a trial is necessary.

Divorce Trial and Final Decree

At trial, both spouses present evidence and testimony regarding contested issues. The judges make decisions about property division, child custody and visitation schedules, child support, and alimony.

Trials can be complex. Having an experienced divorce attorney on your side is crucial to achieving a successful outcome.

Upon the trial’s completion, the judge issues a final decree of divorce. This document outlines all rulings, and both parties must follow the terms of the decree.

Why You Should Choose Sevcech Law

Ellijay divorce lawyer Sarah Sevcech is dedicated to guiding clients through the most complex divorce cases with professionalism and care. Serving clients throughout Gilmer, Pickens, Fannin, Union, Dawson, and Lumpkin Counties, Sevcech Law understands that every case is unique. We prioritize compassion-centered advocacy for our clients, prioritizing their needs, goals, and challenges.

We hold years of experience handling family law matters in North Georgia and can help you stay informed and empowered every step of the way.

FAQs

Q: How Much Does It Cost to File for Divorce in Georgia?

A: The cost to file for divorce in Georgia varies by county and attorney fees. There are also fees for delivering divorce papers, motion filing fees, and court expenses. If children or contested issues are involved, the cost can go up considerably. Hiring an experienced attorney can help protect your rights and ensure your voice is heard throughout the process, making the costs well worth it rather than trying to file on your own.

Q: What Is the First Step in Filing for Divorce in Georgia?

A: The first step in filing for divorce in Georgia is preparing and filing a petition for divorce with the Gilmer County Superior Court on Broad Street in Ellijay. The complaint outlines grounds for divorce, custody requests, spousal support, and property division. Once this is filed, the petition must be served to the spouse. A divorce attorney can help make sure all paperwork is properly prepared and filed.

Q: How Long Do You Have to Be Separated Before You Can File for Divorce in Georgia?

A: Georgia does not require couples to be legally separated for any specific period before filing for divorce. The state recognizes no-fault grounds for divorce, which requires spouses to no longer be living as husband and wife, even if they remain in the same home. Once the complaint is filed, there is a 30-day waiting period before the divorce can be finalized.

Q: Can I File for Divorce in Georgia Without a Lawyer?

A: You can file for divorce in Georgia without a lawyer. This would be more possible in cases where both spouses agree on major issues, such as child custody, property division, and support. However, this can be a risky move if there are any contested factors in the divorce. Having an attorney makes sure that your rights are protected and that agreements are fair and enforceable.

Hire a Divorce Lawyer

The decisions you make during a divorce can impact your future, finances, and children. Sevcech Law can help you make informed choices and advocate for your interests. Contact us today to schedule an initial consultation and let us help you through this difficult time.