Cherokee County Divorce Process
The inevitable stress of a divorce is a little easier to manage if you know what to expect. Understanding the Cherokee County divorce process can help you prepare and prevent uncomfortable surprises.
Do not try to manage a divorce without professional assistance. Our experienced family law team will support you and help ensure you meet your divorce goals.
Initiating a Divorce
The first step in the process is ensuring the Cherokee County Superior Court has jurisdiction over your divorce. Either you or your spouse must have lived in the county for at least six months immediately preceding the divorce filing.
If you meet the residency requirements, the court has jurisdiction, and either you or your spouse can file a petition for divorce with the family court. The petition must list the grounds, or legal reason, for the divorce. It is wise to speak with one of our divorce attorneys about what ground to cite if you plan to file for divorce. Citing a no-fault ground is often the best choice, but sometimes there are advantages to citing fault.
Once you or your spouse files for divorce, the petition and supporting documents must be served on the non-filing spouse. However, the Official Code of Georgia §19-11-4 allows the non-filing spouse to waive formal service, which saves time and money. Once the non-failing spouse receives the petition, they must submit a formal answer to the court.
Resolving Necessary Matters
A divorcing couple must undo their financial relationship and divide their property. They must consider whether one of the spouses requires ongoing financial support. If they have children, the couple must create a parenting plan covering each parent’s responsibility for the children.
Some couples can resolve these issues before they file for a divorce. When you and your spouse have agreed on a settlement and created a parenting plan if you need one, you can apply for an uncontested divorce. A member of our Cherokee County family law team can review your agreement and file the signed and notarized divorce settlement agreement and parenting plan with the petition. After the 31-day waiting period, a judge can issue a divorce decree.
Most couples do not resolve their differences before one of the spouses files for divorce. These are called contested divorces. Once the family court has the petition and the non-filing spouse’s answer, the court clerk puts the matter on the court’s docket, and a judge supervises the divorce proceeding.
Understanding Contested Divorce Procedures
When a divorce is contested, the family court judge holds an initial hearing. At this hearing the court will usually issue standing orders to maintain the status quo while the divorce proceedings are underway. The judge might issue temporary child custody and child support orders and may order temporary alimony.
The next step is the discovery process when the couple makes financial disclosures and exchanges other relevant information. This stage can take several months. In many cases, the couple will work with a mediator or other facilitator to try to reach a settlement, or their Cherokee County attorneys may negotiate directly with each other during the divorce process. If negotiations fail, the court will hold a trial.
Whether the final settlement comes through negotiation or a trial, the judge must incorporate the arrangements into an enforceable order. All orders except the property division order can be modified later if there has been a significant change in circumstances.
Contact a Cherokee County Attorney About the Divorce Process
Most people get nervous when they must go to court. When the matter is something personal like divorce, it is normal to be anxious.
A member of the legal team at the Atlanta Divorce Law Group can explain the Cherokee County divorce process and ensure you know what to expect. Get started today.
