How to file for divorce in Georgia depends on the circumstances. Factors like whether your divorce is uncontested or contested and whether there are minor children from the marriage may affect the Georgia divorce process. Atlanta Divorce Lawyer knows Georgia divorce laws 2022 and may be able to help you go through this difficult process.
If you have any questions about how to file for divorce in Georgia, you may want to call Atlanta Divorce Lawyer for a free consultation.
General steps to file for divorce in Georgia online
- Draft the necessary paperwork to file for divorce in Georgia. The required divorce papers include the complaint for divorce and summons. There are other documents you may need to draft as well depending on your case. For example, if you and your spouse have reached a full agreement regarding every issue pertaining to your divorce, you would put that full agreement in writing. This written settlement agreement would be a part of your divorce papers.
- Electronically file the new divorce case online. PeachCourt is an example of an online platform through which you would for divorce in Georgia for some courts in Georgia. You would need to check with the specific court to see which online system that specific court uses.
- Pay the online court filing fees, which are usually around $250.00.
- If your divorce is contested, serve the divorce papers upon your spouse via a third party (e.g., Sheriff’s deputy or private process server).
How to file for divorce in Georgia FAQs
In order to file for divorce in Georgia, you have to meet the 6-month residency requirement in Georgia. Generally, this means you must have been a Georgia resident for at least 6 months before filing for divorce in Ga.
Under Georgia divorce laws 2022, you are considered a Georgia resident when you live in Georgia with an intention to remain in Georgia indefinitely. Thus, the 6-month residency requirement does not mean that you have to be in Georgia every day for the 6-month period. For example, being gone from Georgia for several weeks to travel does not necessarily mean that you cannot file for divorce in Ga.
You do not have to be separated for a specific period of time before filing for divorce in Georgia. For example, you could file for divorce in Georgia after a brief period of separation. The term “separation” under Georgia divorce laws 2022 does not necessarily mean that you have to be living separately from your spouse. You and your spouse could be living in the same home and still be considered separated. Simply put, if you and your spouse have essentially stopped acting as husband and wife, there would be separation.
Generally, you would file for divorce in Georgia in the county where your spouse resides, if your spouse lives in Georgia. Thus, if both you and your spouse reside in Cobb County, you would file for divorce in the Superior Court of Cobb County.
While the entire Georgia divorce process may take a long time, filing a new divorce case online itself does not usually take a long time. The divorce process in Georgia may be complex with many steps (e.g., mediation, temporary hearing, etc.), and filing a new case online is just one step. Your Atlanta Divorce Lawyer may be able to help you navigate through this complicated process.
Exceptions to the general rule about filing the divorce action in the other spouse’s county of residence: You could file for divorce in the county of your residence if it has not been 6 months since your spouse moved to a different county and the county where you reside was the county where both you and your spouse lived at the time of the separation. Further, if the other spouse is not a Georgia resident, Georgia divorce laws 2022 allow you to file for divorce in your county of residence.
Not all purported divorce settlement agreements may be approved by the judge. For example, an agreement between the parents to make the amount of child support zero will not necessarily be approved by the court. This is because child support belongs to the child, and child support cannot be waived by either parent. Further, a child support order in Georgia needs to include certain findings of fact.
How to file for divorce in Georgia without a lawyer
You may file for divorce in Georgia without a lawyer. Even if your divorce is contested, you are not required to hire a divorce attorney in Georgia.
However, if this is your first divorce case, you may want to at least talk with a top Atlanta Divorce Lawyer about how to file for divorce in Georgia. The court may reject an incorrectly filed new divorce case and cause a delay.