Cumming Divorce Requirements
A divorce is a legal proceeding. Like all legal matters, there are procedural requirements you must meet before and during the process.
Cumming divorce requirements are straightforward, but legal assistance is still a good idea. Our local divorce attorneys can ensure you comply with the law and the court’s rules. They can also advocate for your position and help you meet your goals in the divorce.
Comply With Residency Requirements
Georgia courts will not hear a divorce case unless one spouse has lived in the state for at least six continuous months at the time of the filing. When the spouse who is filing (the petitioner) lives out of state, they must file in the county where the other spouse (the respondent) has lived for six months. When a couple are Georgia residents but live in separate counties, the petitioner should file in the county court where the respondent lives.
The petitioner must be able to prove they or their spouse meets the residency requirements. A member of our Cumming legal team could verify that a couple is entitled to obtain a Georgia divorce.
It is important to note that the rules are different for members of the military on active duty. When neither spouse is a permanent resident of the state, but one spouse has lived on a military base in Georgia for at least one year, they may file for divorce here. The court in a county adjacent to the base would hear the case.
Legal Grounds for Divorce
The Official Code of Georgia §19-5-3 describes the legal grounds a person could cite as the basis for ending their marriage. There are a total of 13 grounds. Someone considering divorce in Cumming should discuss the choice of grounds with an experienced family law attorney.
Abandonment, adultery, and cruelty are fault-based grounds for divorce. Other fault-based grounds include habitual intoxication or drug addiction, incarceration for more than two years, and incurable mental illness. The law also offers grounds that could invalidate a marriage, such as being a close blood relative to your spouse, fraud, coercion, or being underage.
A couple can cite the marriage’s irretrievable breakdown as grounds for divorce. This is the only no-fault ground the law offers. When a spouse cites a no-fault ground, they do not need to prove a spouse’s wrongdoing to obtain a divorce.
Other Requirements
A couple cannot be divorced until they have divided their property fairly and decided whether one spouse will receive ongoing financial support. Couples usually benefit by negotiating property division themselves. Working with a Cumming attorney can ensure the division is fair and a spouse meets their financial goals in divorce.
When the couple has children, they must adopt a parenting plan that describes where the children will live, when they will have time with their other parent, and other aspects of co-parenting. Parents of minor children also must take a class on co-parenting.
Additionally, for parents of minor children or a spouse who asks for alimony, each spouse must complete a Domestic Relations Financial Affidavit (DRFA). This document requires both spouses to list all their property and expenses. A couple must also produce a DRFA when they cannot agree on a property settlement and need the judge to decide.
Work With a Cumming Family Attorney to Ensure You Meet the Requirements for Divorce
Divorce can be complicated, and mistakes can cause delays. Work with one of our family law attorneys to ensure you meet Cumming divorce requirements.
Our team is eager to help you achieve your objectives when separating from your spouse. Schedule a consultation today to get started.
