Also, if you have specific questions about your case, you should contact an experienced family law attorney for advice.
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Your first step when preparing to file for divorce is to make sure you are filing your forms in the correct county. Either you or your spouse must have been a resident of the county where you are filing for at least six months before filing for divorce.
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The complaint should state that one spouse has been a resident of the county for at least six months, and it must provide a legal ground for divorce. In Georgia, you can file for a no-fault divorce by stating that the marriage is irretrievably broken. Alternatively, you can file based on one of the following fault grounds:. In the complaint, you should also address any other issues you want the court handle, such as dividing assets and debts , child custody , child support, and alimony.
If you and your spouse have agreed on all your divorce-related issues, you can request an uncontested divorce.
Georgia Divorce Laws
With this type of divorce, you will prepare and sign a settlement agreement stating that you and your spouse have resolved your entire case. Be sure to get an extra copy for your spouse. Many counties in Georgia have domestic relations or family law self-help department to help you if you have questions.
You have several ways to serve the documents on your spouse. The acceptance of service of the complaint will need to be in writing, signed by your spouse, and notarized by a notary public. It's usually easier to have them complete an acknowledgment of service. Once the server has delivered the complaint to your spouse, the server will return to the court clerk and make a note in your court docket that the defendant has received the documents.
If your spouse refuses to accept service, the court clerk may send the complaint by certified mail and use the return of the certification as proof that your spouse has received the complaint. If you cannot locate your spouse, you can still serve your spouse by "publication," which requires you to sign an affidavit for the court saying that you cannot find your spouse and state the last place that you knew your spouse lived.
When the court accepts your affidavit, the clerk will publish a notice of your case in a local newspaper four times over 60 days, with each publication at least seven days apart. You will have to pay for the publications. If you need to serve your spouse by publication, contact the superior court clerk for your county, and they can assist you.
The types of information you can expect to turn over includes:. See our topic page on Georgia Divorce and Family Laws to learn more about divorce and related issues like property division, alimony, and child custody. You generally file the Complaint for Divorce in the Superior Court of the county where your spouse lives. You may file in the county where you both lived if your spouse moved to another county within six months of the date you are filing. If your spouse has moved out of state, you can file in your county.
You must have a copy of the Complaint for Divorce "served" on your spouse. This means that the sheriff or another "process server" will give the divorce papers to your spouse in the way that the law requires.
This is called "service of process". There is also a fee to have the Complaint served.
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After your Complaint for Divorce is served on your spouse the spouse may file an answer. If your spouse does not file an answer, your divorce is considered to be "uncontested". If there are no issues to be decided such as child custody, child support, division of property, etc. If the divorce is contested by your spouse when they file the Answer , the court may schedule the case for a temporary hearing or a trial. Courts have different schedules for trying divorces.
The court may require that the parties attend mediation. Check with the Clerk of Court concerning your court's requirements. Again, it is always a good idea to have an attorney represent you when getting a divorce. Can I Still Get a Divorce? You will need to tell the court that you tried to find the defendant.
You give the court a signed, statement an "affidavit" where you:. A notice must then be published in the newspaper that the court designates for such notices for four 4 consecutive weeks. If your spouse does not file an Answer within 60 days after the notice is first published, the court can grant the divorce at a hearing. NOTE: In a divorce by publication the court cannot award alimony, child support, or property situated outside of Georgia. If your spouse was a resident of Georgia at one time, you can request child support, alimony and property division.
You will have to arrange to have the petition for divorce "served" on your spouse in the new state. Yes, if you have lived in Georgia for six months or more.