Some aspects of divorce are the same no matter where you live in Georgia. For example, if you’re the spouse filing for divorce, you must be a resident of Georgia for at least six months prior to filing.
However, Georgia has 159 counties and each one has its own court system. For instance, if you live in Suwanee, GA, the Superior Court of Gwinnett County has jurisdiction for divorces in your area.
In order to make sure your case is properly handled, you need to know how to file for a divorce in Suwanee, GA.
FILING FOR DIVORCE IN GEORGIA
In most cases, you file for divorce in the county where your spouse lives.
If your spouse has moved to another county within six months of you filing for divorce, then you can file in the county where you both lived.
If your spouse has moved to another state, then you can file in the county where you currently live.
WHAT ARE GROUND FOR DIVORCE IN GEORGIA?
When you file for divorce you must provide the court with the grounds for the complaint.
Georgia has twelve grounds for divorce. There are fault grounds which assert that the actions or behavior of one spouse has caused the failure of the marriage.
Examples of fault grounds include adultery, domestic violence, drug addiction and mental incapacity.
There is also the no fault ground for divorce where no blame is assigned to either spouse. The marriage is considered irretrievably broken.
HOW IS MY SPOUSE SERVED WITH DIVORCE PAPERS?
Once the complaint is filed with the court, a process server or county sheriff will deliver the complaint to your spouse.
Your spouse now has an opportunity to respond to your complaint for divorce.
If your spouse does not respond, the divorce is considered uncontested. Uncontested, no fault divorces can usually be processed faster.
However, things can be more complicated If you and your spouse have children. In that case, child support and custody will have to be settled by the court. The same thing applies if you and your spouse have assets that need to be equitably distributed.
DO I NEED A DIVORCE ATTORNEY?
You can do all of this on your own, without legal representation. This is called a pro se petition for divorce.
However, there are several advantages to hiring a divorce attorney.
An experienced divorce attorney knows how to file your petition for divorce with the correct section of the Superior Court.
They can also make sure your interests are represented in settlement negotiations regarding child custody, child support, alimony and asset distribution.