If you’ve decided to end your marriage, you may be wondering where to begin. The first step to filing for divorce in Georgia is ensuring you meet the legal requirements to file and submitting all the necessary paperwork.
Georgia imposes residency requirements for couples getting a divorce. According to the Official Code of Georgia § 19-5-2, at least one of the spouses must have lived in the state for at least the six months preceding the filing.
If you are preparing the divorce filing, you must file in the Superior Court in the county where your spouse lives. If you meet the residency requirement but your spouse does not, you can file in the county where you live.
You can pursue a fault-based divorce in Georgia, but doing so adds complexity to the proceedings. The law offers a no-fault ground that the marriage is irretrievably broken, and most couples choose that ground.
The law allows family court judges to consider fault when deciding on child custody, spousal support, and property division. If you have proof that your spouse committed misconduct in your marriage, speak candidly with a Georgia divorce attorney on our team. Together you can decide whether to bring the spousal misconduct to the family court judge’s attention.
You divorce filing must include a Complaint for Divorce, a Summons, and a Case Filing Information Sheet. The Complaint describes your ground for divorce and what you want the family court to decide regarding property division, child custody, and other outstanding issues. It is wise to speak with a Georgia family law attorney before completing the Complaint form—in many cases, the legal team will complete the form for you and ensure it’s filed properly.
If you file the papers yourself, the clerk at the Family Court will ensure you have all the right documents and they are completed correctly. Once the clerk has accepted the filing, you must serve the Summons and Complaint on your spouse. If your spouse knows you are filing for divorce they can waive formal service, but they must complete and sign a formal waiver of service before you file.
Starting the divorce process isn’t hard, but you need to pay attention to the details. Contact the family law team at Atlanta Divorce Law Group for effective representation in your divorce.
Our experienced Atlanta, Georgia divorce and family lawyers understand that divorce may be a complicated, emotional time for you. Many important decisions need to be made that consider your current situation as well as your future.
An attorney can work to help you emerge from your divorce in a better financial, legal, and personal situation than you may have imagined. Call today to schedule a consultation.
