If you are considering parting ways with your spouse, one of your first questions might be, “how long does it take to get a divorce?” Although there is no specific divorce timeline in Georgia, there are a number of factors that could impact how long your case might take, including procedural requirements and the facts of your specific situation. A divorce can take several weeks to a few years to finalize, depending on the complexity of the issues in the case, the court’s calendar, and each spouse’s willingness to settle.

Key Takeaways

The Residency Requirement

The Georgia residency requirement may impact your divorce timeline. One spouse must have resided in Georgia for at least six months immediately prior to filing the petition. If you recently moved to Georgia, you will need to wait until this requirement is met in order to begin the divorce process. Generally, the spouse initiating the divorce must file in the county where the defendant spouse lives. But if you satisfy the residency requirement but your spouse lives in a different state, you can file for divorce in the county in which you reside.

The Minimum Waiting Period

There is a minimum waiting period in Georgia of 31 days after service of process has been made to divorce. This is also referred to as the “cooling off” period and cannot be waived. In other words, even if your case is uncontested and all the issues have been decided, you will still need to wait at least a period of 31 days before the judge will sign the final decree. However, this period can take longer based on the court’s schedule. It may also take longer to finalize the case if divorce papers were not properly served on the defendant spouse.

The Key Stages of Divorce

The divorce timeline will largely depend upon whether the case is contested or uncontested. An uncontested divorce means that the spouses have already determined all the issues that need to be decided in order to divorce. In such cases, a settlement agreement can simply be submitted to the court for review and the judge will usually grant the divorce relatively quickly. If the matter is going through the litigation process, each stage can add to the overall amount of time it can take for the divorce to be finalized. Some of the key stages of a contested divorce include:

• The pleadings stage: This is the stage of divorce where the Summons and Complaint is served on the defendant spouse. They then have a period of 30 days to file an Answer.
• Discovery: In a litigated divorce case, discovery is often the longest phase of the case. Typically, a spouse will have 30 days to answer a discovery request. While Georgia law provides for a six-month discovery period, the process can be slowed down if there are custody disputes, a spouse is suspected of hiding assets, or complex property division is involved.
• Mediation: While judges prefer spouses to settle the disputes in their divorce case between themselves, mediation may be required. In highly contested cases, several mediation sessions may be needed, which can add time to the overall process.
• Temporary orders: If temporary orders for alimony, child support, child custody, and other matters are needed, waiting for hearings to be scheduled on the court’s calendar can extend the divorce timeline.
• Trial: If a case goes to trial, the divorce timeline can sometimes be extended by years, especially if the court’s calendar is backlogged. While the trial itself may typically last one to several days, trial preparation can take a significant amount of time. Preparing for trial can include filing motions, scheduling witnesses, evaluating evidence, and identifying assets.

Although every case is unique and has different issues to resolve, alternative dispute resolution methods such as mediation and the collaborative process can help couples divorce more efficiently and cost-effectively. These methods encourage spouses to reach a compromise that allows them to remain in control of the outcome of their case, rather than let a judge decide. Unlike in a contested case where a couple is bound to the court’s calendar, mediation or collaborative sessions can be scheduled at the couple’s convenience. These processes can also help reduce conflict, which often decreases the amount of time it takes to move through the divorce process.

Contact an Experienced Georgia Divorce Attorney

If you have questions about the Georgia divorce timeline, it’s important to consult with a knowledgeable attorney who can best advise you. NVP Family Law, is committed to providing our clients with compassionate counsel and reliable representation 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.