Cherokee County Divorce Requirements
Knowing the Cherokee County divorce requirements is essential if you and your spouse decide to end your marriage. Getting familiar with the rules and procedures before you file can ensure your divorce goes smoothly and you avoid unnecessary expenses or delays.
Divorces can be complex, and your settlement determines the quality of your life going forward. Work with one of the experienced divorce attorneys at our firm to ensure you meet your goals.
Know the Residency Requirements
Divorces are heard in the Superior Court of the county where one of the spouses resides. The law requires that one spouse reside in the state for at least six months before either spouse can file for divorce.
When both spouses live in Georgia, either spouse can file for divorce in the county where they reside. When the filing spouse lives in another state, they must file in the county where their spouse has lived for at least six months prior to the filing.
When a spouse has been stationed on a military base in Georgia for at least one year prior to filing, either spouse can file in any county adjacent to the base. A member of our Cherokee County family law team can assist a member of the military in determining where to file and what the requirements are.
Understanding the Grounds for Divorce
When you file for divorce, you must cite a legally valid reason to end your marriage. This is called the grounds for divorce. The Official Code of Georgia §19-5-3 provides a list of 13 grounds.
Most of the legal grounds are fault-based, such as adultery or cruelty. If you cite a fault-based ground, you must prove it in court. Alternatively, a spouse could assert that their marriage is irretrievably broken, which is a no-fault ground and requires no proof.
Even when you have proof of your spouse’s misconduct, citing the no-fault ground usually saves time and money and helps preserve a civil relationship between you and your spouse. However, there are sometimes strategic benefits to citing a fault-based ground. Before filing for divorce, you should discuss these requirements with a capable member of our Cherokee County family law team.
Agree on a Property and Child Custody Settlement
A family court will issue a divorce decree once the couple has divided their property, decided whether one spouse will receive spousal support post-divorce, and agreed on a parenting plan if they have minor children. Couples retain control over these decisions by negotiating a property settlement and parenting plan themselves, rather than forcing a judge to decide.
You can apply for an uncontested divorce when you and your spouse submit a properly executed settlement agreement with the divorce petition. The family court judge may hold one hearing to ensure you and your spouse both understand your agreement, then issue the decree within a few weeks.
When a spouse files for divorce before you have agreed on all the relevant issues, you have a contested divorce. Georgia family courts encourage spouses to negotiate an agreement before the matter goes to trial. Our Cherokee County divorce team can guide the negotiations to protect your rights and help you meet your goals.
Reach Out to a Cherokee County Attorney About Divorce Requirements
A divorce is a legal process, and you must follow the established procedures to manage it efficiently. Understanding Cherokee County’s divorce requirements before you begin can help ensure the divorce proceeds smoothly and cost-effectively.
The Atlanta Divorce Law Group attorneys can offer wise counsel throughout the process. Reach out today to schedule an initial consultation with a member of the team.
