What divorce papers do you need in georgia

This is called a contested divorce, and hiring a lawyer is a good idea in this case.

But when a case is uncontested - when you and you spouse agree about everything or your spouse is missing - filing your own divorce cuts legal costs and leaves both spouses with more money each can surely use when they begin their new lives as single people. Read about the advantages of filing your own uncontested divorce in Georgia.

The filing spouse must be a resident of Georgia for at least six months and file in the county of residence. A nonresident may file against a resident who has lived in Georgia for at least six months in the county of residence of the respondent. Military personnel stationed in Georgia for one year may bring a divorce action in any county adjacent to their bases. The divorce paperwork requires a signed authentication that you have been a resident of Georgia for at least the past six months.

If the court requires proof for some reason, typically a Georgia driver's license or state identification is sufficient. An affidavit of a corroborating witness testifying about your residency also works. After you have printed all the divorce paperwork, you simply mail the documents to your spouse and he or she signs them. After your spouse returns them, you file in your local county court. This would typically not apply to your situation if your spouse is missing. Fault: 1 Intermarriage by persons within prohibited degrees of consanguinity or affinity; 2 mental incapacity at the time of marriage; 3 impotence at the time of marriage; 4 force, menace, duress or fraud in obtaining marriage, 5 pregnancy of the wife by a man other than the husband at the time of marriage, 6 adultery, 7 willful desertion for one year, 8 conviction of a crime of moral turpitude that results in a sentence of two years or longer; 9 habitual intoxication; 10 cruelty, "which shall consist of the willful infliction of pain, bodily or mental, such as reasonably justifies apprehension of danger to life, limb or health"; 11 incurable mental illness; 12 drug addiction.

Once the divorce paperwork has been filed in court, it usually takes no less than 30 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Judgment and Decree. If you are divorcing a "missing spouse" expect the process to be a little bit longer. You control revisions and reprintings as necessary. In Georgia, a divorce hearing is not typically required unless you and your spouse have children.

If there are children involved, a short hearing, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce. Learn more about divorce hearings in Georgia. If there are no children, the process in very streamlined.

What would you like to talk about?

Since you and your spouse are in agreement, there is nothing for the court to decide. It is easier to effect a name change during the divorce rather than after the divorce is finalized. Read more about a name change during a divorce in Georgia. A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to.

The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided. If you finalize your divorce with a "missing spouse", the court will typically not award any property and debt to one spouse or the other. You answer a few questions dealing with individual retirement accounts.

You have the option of waiving rights to each other's account s , or dividing any marital portion of an account by a specific percentage or a dollar amount. If you finalize your divorce with a "missing spouse", the court will typically not award any portion of retirement accounts to one spouse or the other. Once again, a few questions inside your account deal with the disposition of the marital home. All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership.

If you finalize your divorce with a "missing spouse", the court will typically not award the marital home to one spouse or the other. A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time. These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation. If you finalize your divorce with a "missing spouse", the court will typically not award any alimony or spousal support to one spouse or the other.

The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet. We provide Georgia Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income.

Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so. Once you and your spouse agree to a monthly child support amount, a judge reviews your decision. He or she will accept it if it seems reasonable. However, if it seems too high or too low, the judge will want an explanation why the two of you came to amount so much at variance from the state guidelines.

Your explanation and reasons for it determine whether or not the judge accepts your proposed child support amount. Georgia permits deviation from its child support guidelines when what is called the Presumptive Amount of Child Support - that is, the amount that would result from the application of the Income Shares Formula - would be "unjust or inappropriate considering the relative ability of each parent to pay.

Deviations sometimes happen when the parties prove extraordinary medical, education, and child rearing expenses that are better prorated between the parties. In doing this, the court must consider the financial impact that reduction in child support from the minimum would have on the custodial parent's household.

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There is no legal separation period required, and the divorce may be filed on the date of separation. Also, the parties may be considered separated for the purpose of divorce and still live in the same house.

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Carter : A court must consider the respective incomes of the mother and the father. By requiring the father to bear the entire burden of the cost of raising the child, the court failed to consider the father's income in relation to the mother's.

Georgia Divorce Guide

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