What is the Divorce Process in Georgia?

What is the Divorce Process in Georgia? – Divorce is never an easy process, but understanding the steps involved can help make it a little less daunting. In Atlanta Georgia, there are specific laws and procedures that govern divorce proceedings, and it’s important to have a good understanding of these before starting the process. In this article, we’ll provide a step-by-step guide to help you understand the divorce process in Georgia.

Step 1: Determine Residency Requirements

The first step in the divorce process is to ensure that you meet the residency requirements. In Georgia, either spouse must have lived in the state for at least six months prior to filing for divorce. Once the residency requirement has been met, you can file for divorce in the county where either you or your spouse lives.

Step 2: Choose a Type of Divorce

In Georgia, there are two types of divorce: contested and uncontested. In a contested divorce, the parties cannot agree on one or more aspects of the divorce such as property division, alimony, or child custody. In an uncontested divorce, the parties have reached an agreement on all aspects of the divorce and can file the divorce together.

Step 3: File the Complaint for Divorce

The next step is to file the complaint for divorce with the appropriate court. The complaint for divorce is a document that outlines the grounds for the divorce, the relief sought, and other relevant information. In Georgia, there are several grounds for divorce, including adultery, abandonment, and mental incapacity.

Step 4: Serve the Spouse with the Complaint

After the complaint for divorce has been filed, the next step is to serve the spouse with the complaint. This can be done through personal service, or by leaving a copy of the complaint at the spouse’s residence with a person over the age of 18. In some cases, service can be accomplished through the mail.

Step 5: Respond to the Complaint

The spouse has 30 days from the date of service to respond to the complaint for divorce. If the spouse does not respond within 30 days, a default judgment can be entered against them. If the spouse does respond, the divorce proceedings will continue, and the parties will enter into negotiations to resolve any disputes.

Step 6: Attend Mediation

In many cases, the court will require the parties to attend mediation prior to going to trial. Mediation is a process where a neutral third party, known as a mediator, helps the parties reach an agreement on one or more aspects of the divorce. The goal of mediation is to resolve disputes and reach a mutually acceptable agreement without the need for a trial.

Step 7: Trial

If the parties are unable to reach an agreement through mediation, the case will go to trial. During the trial, each party will present evidence and testimony to support their position. The judge will hear the evidence and make a decision on the issues in dispute.

Step 8: Final Decree of Divorce

Once the judge has made a decision, the final decree of divorce will be entered. The final decree of divorce is a court order that sets forth the terms of the divorce, including property division, alimony, and child custody. Both parties are bound by the terms of the final decree, and failure to comply with the terms can result in enforcement actions.

Step 9: Enforce the Final Decree

If either party fails to comply with the terms of the final decree, the other party can take enforcement actions. This can include contempt of court proceedings, wage garnishments, and other actions to ensure that the terms of the final decree are enforced.

In conclusion, the divorce process in Georgia can be complicated and time-consuming. If you are considering a divorce in the Atlanta area please fill-out our online form for a free consultation from an Atlanta Divorce Attorney.