Every state has their own laws about how to pursue a divorce in Georgia, and it’s important to abide by the rules. Allow us to answer several frequently asked questions about divorce in Georgia.
Must we both be living in Georgia to file for divorce?
No, only one of the parties must be living in Georgia. Additionally, the party living in Georgia must have resided in the state for at least six months before petitioning for divorce.
Where do I file for a divorce in Georgia?
In most cases, you will file for a divorce at the Superior Court of the county in which your spouse resides. This better allows an officer in the county to serve your spouse the divorce papers. If your spouse does not live in Georgia, you can file at your county’s Superior Court.
How do I establish legal separation?
To file for a divorce in Georgia, you and your spouse must legally separate for a minimum of 30 days. This does not necessarily mean one of you must move out of your current residence, although that is an option. However, you must stop engaging in marital relations.
How long will it take to be finalized?
In Georgia, you can choose between a no-fault divorce and an at-fault divorce. Typically, a no-fault divorce does not take as long because nothing must be proven, rather details need to be determined by the judge. During an at-fault divorce hearing, one party is accusing the other party of contributing to the breakdown of the marriage. Therefore, more time and decisions are required.
What is the process for divorce in Georgia?
Typically, the process is as follows:
- File the divorce petition in the appropriate Supreme Court.
- A copy of the petition will be delivered to the spouse via a sheriff.
- The spouse must answer the petition within 30 days.
- The discovery phase begins.
- When discovery ends, details of the divorce are decided via negotiation or in the courtroom.
- The decree of divorce is issued.