Milton Divorce Process

The decision to get divorced provokes anxiety in many people. Understanding how the proceedings will unfold can help you feel more grounded and confident throughout your divorce.

Contact a member of our family law team for help with the Milton divorce process. Our attorneys can ensure your divorce goes as smoothly as possible.

Filing for Divorce

The Official Code of Georgia § 19-5-2 says that either you or your spouse must have lived in the state for six months before filing for divorce. In addition, one of you must have lived in the county where you are filing the divorce petition for at least three months prior to filing.

You must cite a legal reason for divorce. Most couples choose to say that their marriage is irretrievably broken because citing this ground does not require you to prove wrongdoing. If there was provable misconduct in your marriage, you should consider citing a fault-based ground. One of our Milton divorce attorneys can further explain this process.

The spouse who files for divorce must arrange to have the papers delivered to the other spouse. This is called service of process, and you cannot do it yourself—you must hire the sheriff’s office or a professional process server to deliver the documents to your spouse. The other spouse can waive service of process, which can save money and time.

Status Conferences While the Divorce Is Pending

Once the legal papers are filed, the other spouse has 30 days from receiving them to file their answer. When the family court receives the answer, it will schedule a status conference, which is an important part of the divorce process in Milton.

This conference is a meeting between you, your spouse, the lawyers, and a court representative called a conference officer. You will discuss your progress in reaching settlements regarding property division, ongoing spousal support, and issues related to your children. There are several detailed questionnaires and documents you must complete and bring with you to the first status conference. Our attorneys can help to ensure that they are accurate and complete.

After the first status conference, your case may be set for settlement, or a hearing may be scheduled with the judge. The conference officer might suggest that you go to mediation. If it appears that you and your spouse will need more time to resolve outstanding issues, another status conference may be held in 60 days.

Settlement or Trial

Most divorces settle before a trial through mediation or direct negotiation. If you and your spouse agree on all the relevant issues, the process is simple—your Milton attorney will draft a divorce settlement agreement that both of you will sign. The settlement must be submitted to the judge for approval.

In most cases, the judge will hold a hearing to review the settlement and ensure both parties understand it. If the judge approves it, the court will issue a divorce decree, and the divorce will be final on the 31st day after the judge signs it.

When you and your spouse cannot reach a settlement on all issues, the court will schedule a trial. Both sides can present evidence, testify, and bring witnesses to provide testimony, as well. After the trial concludes, the family court judge will issue a divorce decree and enforceable legal orders regarding the disputed issues.

Contact Our Milton Attorneys for Help With the Divorce Process

Getting a divorce is a significant and often life-changing decision. It can be frightening, stressful, sad, and exhilarating all at once. You need a knowledgeable lawyer to guide you through the Milton divorce process.

Our legal team has the skills and experience to help you meet your divorce goals, whether you and your spouse are prepared to settle your issues amicably or fight in trial. Contact our firm to schedule a meeting with our intake team today.