Divorce can be a confusing and stressful process for many people. It can involve tons of paperwork, back-and-forth negotiations, and confusing family laws that many people do not understand. Below, we provide a breakdown of the Georgia divorce process and what you can generally expect. Every case is different, so it is important that you have an attorney guide you through the process if you need help.
Overview of Georgia Divorce Process
In general, the Georgia divorce process involves:
- Preparing and filing the paperwork – Fill out all the forms and file it in the county where you reside or where your case will be heard.
- Papers are served – Either the sheriff or a process server will serve the divorce papers to your spouse.
- Your spouse responds – Your spouse will have the chance to either agree to the terms of the divorce or disagree.
- Temporary divorce agreements – Before a divorce is finalized, you can request a hearing that will ask the judge to issue temporary child custody, child support or spousal support orders.
- Mediation, Negotiation or Trial – Couples will need to settle important issues such as property division, child custody, child support, alimony, and other important issues. If mediation or negotiation is unsuccessful, then a divorce will usually proceed to trial.
- Final divorce settlement – Once all issues have been resolved, either through negotiation or trial, the judge will sign off and finalize the divorce decree
Requirements for Divorce in Georgia
To file for divorce in Georgia, you or your spouse must have lived in the state for at least six months. The divorce is to be filed in the county where you reside.
Types of Divorce
In Georgia, you can choose between at fault divorce, no fault divorce, and abandonment as your grounds for divorce. Fault-based divorces will usually provide one party with an advantage when it comes to awarding custody, dividing property, and deciding custody situations.
How Long Does Divorce Take in Georgia?
The length of the divorce process will depend on your unique situation and how many issues need to be resolved. A simple, uncontested divorce can be granted 31 days after it is initially filed. If you are facing a contested divorce, your case may take months or even years, depending on whether couples want to prolong their disputes.
For Help, Contact Experienced Suwanee Divorce Attorneys
At Oxendine & Sauls LLC, we have a team of experienced divorce lawyers in Suwanee and Gwinnett County who can walk you through the divorce process. Having represented countless clients, we draw from our varied and unique experiences to help clients find tailored and effective solutions to their divorce disputes. Schedule your initial consultation and let’s talk about your divorce.