Milton Divorce Requirements

If you and your spouse are considering ending your marriage, you have a lot to think about. People are sometimes so focused on what they want to achieve from the divorce that they overlook some of the practical aspects.

If you are unfamiliar with the Milton divorce requirements, you could delay your divorce or make a mistake. Contact our team of experienced family law attorneys for help navigating the legal complexities of divorce.

Eligibility To File for Divorce

To get divorced in Georgia, you or your spouse must meet residency requirements. One spouse must have lived in the state for at least six months before either of you can file a divorce petition. You can file for divorce in Georgia even if you live in another state, as long as your spouse meets the residency requirements.

If only your spouse meets the residency requirements, you must file the divorce petition in the Superior Court of the county where your spouse lives. Your spouse must have lived in that county for at least three months. If you both meet the residency requirements and live in different counties, you can file in the Superior Court of either county.

You must file documents supporting your divorce petition, pay a filing fee, and arrange to have the papers served on your spouse. Our family law attorneys in Milton can prepare the divorce petition and handle filing for you to ensure your documentation is complete and that you comply with all legal requirements.

Legal Grounds for Divorce

You need a legally valid reason to end a marriage. The Official Code of Georgia § 19-5-3 lists 12 grounds for divorce. Most of these are fault-based, as the state allows people to divorce on grounds of adultery, abandonment, cruelty, and addiction, among others.

However, the law provides one no-fault ground—that your marriage is irretrievably broken. Most couples cite this ground because it does not require any supporting evidence. Citing the no-fault ground can lead to a swifter and less acrimonious divorce.

When you cite a fault-based ground, you must present evidence to prove it. However, a fault-based divorce often takes longer and is more expensive. When discussing the legal requirements, a Milton family law attorney at our firm might suggest citing a fault-based ground for divorce in addition to the no-fault ground as leverage in negotiations.

Uncontested Divorce Requires No-Fault Grounds

You can file for an uncontested divorce if you and your spouse have little property and no children, or you have children and property but agree on all issues regarding them. You and your spouse must submit your written agreements with the divorce petition, and the divorce can be issued within a few weeks. If you file for an uncontested divorce, you must cite the irretrievable breakdown of your marriage as your grounds.

Issues Relating to Property and Children

A divorce requires you to legally separate yourself from your spouse in all matters. That means you must reach agreements about the division of property, ongoing spousal support, and arrangements for your children.

If you and your spouse do not reach agreements on all the relevant issues before a divorce filing, the county’s family court requires you to attend a series of status conferences. The first one takes place 30 days after the initial filing, with additional conferences scheduled every 60 days thereafter. These conferences are meetings between you, your spouse, your legal representatives, and a court official.

If you cannot settle your differences during these status conferences, the court might order you to try mediation. When you and your spouse do not communicate constructively, a Milton family attorney from our firm and your spouse’s legal representative might negotiate a divorce settlement directly, supporting you with the legal requirements. If none of these efforts are successful, the court will hold a trial, and a judge will decide.

Consult a Milton Attorney About Divorce Requirements

Understandably, getting divorced is stressful, and it can be easy to get distracted. However, failing to understand and comply with the Milton divorce requirements can cause frustration and delay.

The skilled family law attorneys at our firm can make sure there are no oversights. Contact us today to schedule a meeting with a member of our divorce intake team.