How To Get Divorced in Georgia

Getting divorced can be a difficult time. But there’s much more to the issue than the emotional toll it may take. It’s also necessary to follow the proper steps and procedures, so your divorce can be finalized and you and your ex-spouse can move forward with your separate lives. Every state has different rules and regulations surrounding the dissolution of a marriage, as well, so where you live will affect the requirements. Here are the main things to consider, when you need to understand how to get divorced in Georgia.

How to File for Divorce in Georgia

Filing for divorce in Georgia is possible to do on your own, but that’s not usually recommended. It’s much easier to meet with an attorney who can complete all the paperwork and handle your case. If you choose not to do that, you’ll need to be clear on what paperwork to file, where to get the forms, and where the papers have to be filed. Then you can proceed with the divorce, provided your spouse isn’t fighting it. If you have a contentious divorce, consulting an attorney is the right thing to do.

When you work with an attorney, how to get divorced in Georgia becomes less stressful and confusing. Because divorce is generally already a difficult time, taking the pressure off of the filing and allowing your attorney to help you through the process may make it easier. You may also have more peace of mind by filing first, so you have time to get your affairs in order before the papers are filed with the court.

Where to Get Georgia Divorce Forms

Your attorney will have all the forms you need for a Georgia divorce. People who aren’t working with an attorney can get the forms from the courthouse in their county. There are also online options when you’re looking at how to file for divorce in Georgia, and you need the right paperwork. Having the right paperwork is very important, since not filing the right forms can mean that your divorce is delayed while you refile the proper paperwork.

Where to File Divorce Papers in Georgia

Divorce papers in Georgia are filed with the Superior court, in the county where you or your spouse are a resident. Keep in mind that at least one of you has to be a resident of the county where you file, for at least six months prior to your filing date. If neither one of you has been a resident of Georgia for at least six months, or you’ve moved to a different county within that six-month timeframe, you’ll need to wait until you or your spouse have six months of residency in the county. Then you can file your paperwork with the appropriate Superior court.

Understanding Mediation in a Georgia Divorce

Mediation is required in most Georgia counties, before a divorce can be finalized. When you’re looking into how to get divorced in Georgia, keep in mind that most of the time the mediation is designed to avoid going to court. It can be costly to attend mediation, but it’s still far less costly than a prolonged court battle.

If you and your spouse can’t agree on everything, so the court can essentially sign off of the divorce as-is, then mediation will also likely be required. When you and your spouse come to an agreement through mediation, it saves a lot of time in the court system and also makes moving toward a finalized divorce faster and easier, as well.

The Grounds for Divorce in Georgia

The main reason for divorce in Georgia is typically irreconcilable differences. But there are other grounds recognized by Georgia law. These include being too closely related, adultery, impotence, fraudulent marriage, cruel treatment, mental illness, and other issues or conditions. If you and your spouse are divorcing, the reason behind it has to be something recognized by Georgia law.

Most people file under irreconcilable differences, but if you have other issues in your marriage you can also file under a different reason. Keep in mind that the court may ask for documentation, depending on the grounds you’re using to file on. If you’re unsure about particular grounds, or have other questions about how to file for divorce in Georgia, working with an attorney is the best way to make sure all your paperwork is handled correctly and filed with the proper court, so your divorce can proceed.

Reaching out to an attorney at Stearns Montgomery & Proctor is the first step for many people who decide to file for divorce in Georgia. You don’t have to handle things alone, or guess at the paperwork you’re filing. You’ll also want to make sure you’re asking for what you rightfully deserve, and that any income or custody issues are being correctly addressed. Our attorneys will work through all of those issues with you, so you can have confidence that your rights will be protected and responsibilities fulfilled in your Georgia divorce. Contact Stearns Montgomery & Proctor today. We’re here to help!