Cobb County Divorce Requirements

The circumstances surrounding divorce are personal and unique to each couple. Georgia laws accommodate both fault-based and no-fault divorces, allowing spouses more freedom to choose what they feel is best for them. However, there are still certain requirements a couple must meet to be able to file for divorce in this state.

At the Atlanta Divorce Law Group, our dedicated attorneys can help you understand the different Cobb County divorce requirements and provide you with competent guidance through an often difficult time in your life.

No-Fault vs. Fault-Based Divorce

The most uncomplicated divorce to get is a no-fault, uncontested divorce where both spouses agree the marriage is irretrievably broken and agree on all important issues. This includes how to split their marital assets and how child custody should be handled. The no-fault option leaves control for the family’s future in their hands instead of the judge’s.

However, in some circumstances, establishing legal grounds or fault for a divorce may be the more appropriate option. Cobb County requires petitioners in at-fault divorces to specify a justified reason for ending the marriage. There are 12 acceptable reasons under state law, but the most common are:

  • One spouse commits adultery;
  • A wife becomes pregnant by another man, or a husband impregnates another woman during the marriage;
  • A spouse deserts the marriage for at least one year;
  • A spouse is habitually drunk or addicted to drugs;
  • One spouse is habitually physically or mentally cruel;
  • A spouse has an incurable mental illness.

When a spouse asserts an at-fault justification for ending their marriage, they are required to prove their assertions to the judge. The evidence needed will vary based on the grounds for seeking the dissolution. Our skilled team can help you gather evidence and meet the requirements for an at-fault petition.

Residency Requirements

While there are differences in the process of seeking a fault-based divorce versus a no-fault divorce in Cobb County, some requirements must be met in either scenario. One of these examples is Georgia’s residency requirements. To file for a divorce in Georgia, one spouse must be a resident of the state for at least six consecutive months. Additionally, an individual must file in the Superior Court of the county where their spouse lives or where they live if their spouse resides out of State.

Requirements for Serving Divorce Papers

There are specific forms you must submit to the Superior Court. For instance, you must disclose whether minor children are involved. Once your attorney drafts your paperwork, your spouse will be personally notified. Georgia requires that divorce papers be hand-delivered. The sheriff’s office or a private process server delivers for a fee, but if you do not know how to locate your soon-to-be ex, your attorney can arrange for a legal notice to be published in your local newspaper.

For more amicable situations, your spouse may waive personal service and sign an Acknowledgement of Service, which is filed with your divorce petition.

Response Time Requirements and Waiting Period

Once served, your spouse has 30 days to file a response, or 60 for those living in another state.

Judges grant uncontested divorces after a mandatory waiting period of 31 days from when your spouse is served. Our experienced attorneys can explain any additional requirements you need to meet in Georgia.

Let Us Direct You Through Cobb County Divorce Requirements

Even if you know it is the right move, divorce is rarely an easy process to go through emotionally. But a new chapter in your life awaits. Our attorneys have unparalleled experience helping spouses uncouple. Let us help you navigate this journey. We can fight for your future by ensuring property division, spousal support, and child custody issues are handled fairly. We can also circumvent any snags you may encounter trying to interpret Cobb County’s divorce requirements. Call today for a compassionate and productive consultation.

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