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Divorce can be emotionally and financially difficult. It may also be the first time you are exposed to the legal system - and you may be feeling confused and overwhelmed. Importantly, knowing what to expect throughout the Georgia divorce process can help relieve some of the stress that comes with the uncertainty you may feel in connection with the legal proceedings.
In order to begin the divorce process in Georgia, there are certain requirements that you must first satisfy. You or your spouse must have been a resident of the state for a period of at least six months immediately prior to the time you file for divorce. In addition, if you are the party commencing the action, you must file the action in the county where your spouse resides.
In addition, there are 13 legal grounds for divorce in Georgia - and you are required to state at least one of them. These include the following:
Georgia is a no-fault divorce state, which means that marital fault does not need to be proven in order to legally part ways with your spouse. All a spouse needs to show is that the marriage is irretrievably broken. However, citing certain grounds can sometimes give a strategic advantage and impact how certain decisions are made during the process, including an award of spousal support.
Before you file to begin the Georgia divorce process, you must determine whether your divorce is contested or uncontested. If it is a contested matter, this means there are issues that you and your spouse cannot agree on. In contrast, with an uncontested divorce, you and your spouse are able to resolve all the issues that must be determined before the judge signs the final decree, including those involving:
Sometimes, a divorce can begin as a contested matter — and you and your spouse may reach a resolution at some point during the process. A case can also be commenced as an uncontested matter and turn into a contested one. It’s best to have a skillful divorce attorney by your side every step of the way to ensure your rights are protected, no matter how straightforward you think your divorce might be.
The divorce process in Georgia begins with the “pleadings” stage. To commence the case, one party files a verified “Complaint for Divorce” with the court - this is a legal document that establishes the basis for the divorce. It includes information about the parties, the date of the marriage and separation, the grounds for divorce, and any specific demands the petitioning spouse has. Upon filing the complaint, the court will issue a summons, which is the official notification that a divorce action has been commenced. Both documents must be personally served upon the respondent spouse.
The respondent spouse has 30 days to file an answer to the complaint. In the answer, the respondent spouse may make counterclaims in response to the petitioning spouse’s claims in the complaint. The document may also include defenses to any allegations raised in the complaint that the responding spouse disagrees with.
Once the pleadings stage has concluded, the discovery process will begin. This is the phase of the divorce process where you and your spouse will exchange information with each other to learn more about the other’s position. Information may be gathered using various tools, such as interrogatories, requests for the production of documents, depositions, requests for admission, and subpoenas. Significantly, full financial disclosure is mandatory during the Georgia divorce process — failure to comply can lead to the other party filing motions to compel or sanctions being imposed by the court.
Throughout the Georgia divorce process, you and your spouse may file various motions asking the court to make rulings on specific issues or decide certain matters in the case. Since divorce can be lengthy, the court may also issue temporary orders to address issues such as child custody, child support, alimony, and property use during the pendency of the proceedings. These temporary orders end once the judge issues the final decree, and all outstanding issues are resolved.
As the case progresses, you and your spouse will negotiate with each other to work out the issues that must be settled. There are typically a number of court conferences where the parties or their lawyers will meet with the judge to discuss the status of the case. The judge will typically encourage you to resolve the issues that need to be decided among yourselves. If you are unable to reach a settlement, the case will proceed to trial where the judge will determine the outcome.
Most divorce cases are settled outside the courtroom. In fact, it’s best for spouses to decide the issues that will impact them in the long-term, rather than let a judge who does not personally know them or their family decide the outcome. If your case is contentious and negotiations are challenging, you may consider mediation and the collaborative divorce process. These are two alternatives to litigation that can help couples settle their divorces amicably, efficiently, and cost-effectively.
When you and your spouse reach a resolution regarding the issues in your case, the terms will be incorporated into a settlement agreement. This document must be submitted to the court and signed by the judge to become an order. The judge will then issue the final divorce decree. The final judgment is binding upon both parties - both you and your spouse are both legally obligated to comply with the terms.
If you are parting ways with your spouse, it’s essential to have a compassionate attorney guide you through the Georgia divorce process. At NVP Family Law, we are dedicated to providing personalized time and attention to clients for a wide range of divorce and family law matters. We welcome you to contact us for a consultation online or by calling 470-314-0253 to learn how we can help.
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