Before filing for divorce, it is vital to review the requirements of the area you plan to file your petition. Failing to meet residency rules, waiting periods, separation requirements, or other steps in the dissolution process could result in prolonging an already stressful situation.
Fortunately, our trusted divorce attorneys can help you understand your options and obligations and ensure you meet and comply with Suwanee’s divorce requirements.
Not meeting the residency requirements for divorce in Suwanee means the court is barred from allowing the divorce case to move forward. The good news is that complying with these requirements is straightforward.
One of the divorcing spouses must live within the state for at least six consecutive months before filing the petition. It should be noted that only one spouse must meet this requirement, and it does not have to be the person filing for divorce. The other party could live anywhere else in the country as long as one spouse resides locally. Additionally, a person does not have to maintain the same address for six consecutive months, they can live anywhere during that period as long as it is within the state.
There are also rules regarding where the petition for divorce is filed. A spouse must file the petition in the county where the non-filing spouse lives. However, there are some exceptions to this rule. A person whose spouse no longer lives in Georgia can file for divorce in their home county instead or where the couple shared a home if the non-filing spouse moved away within the last six months.
Traditionally, a person had to cite certain reasons or “grounds” for divorce before the court would agree to end a marriage. Like many jurisdictions, state law has now adopted a “no-fault” approach that makes things much simpler. It is possible to pursue either a fault or no-fault approach in these cases.
A no-fault divorce is the most common option. It does not require the spouses to blame each other for the marriage breaking down. In these cases, a filing spouse only has to assert that the marriage is “irretrievably broken.”
There are also fault-based grounds available in divorce cases. While no-fault divorce is easier, some people seek fault grounds when they believe it could have a positive impact on their alimony or property division case. Some of the most common fault-based grounds include:
Our trusted team of attorneys can help a person which option is best for them during a private consultation.
There is a mandatory waiting period between filing for divorce and when the judge can grant the final decree. For no-fault divorces, this period is 31 days. For a fault-based divorce, on the other hand, the timeline is 46 days.
There is no question that the end of a marriage is a major life event. You deserve to address your divorce with as little difficulty and delay as possible. This means complying with every aspect of Suwanee’s divorce requirements. Reach out to the Atlanta Divorce Law Group to learn how legal counsel can help.