Georgia is a “no-fault” divorce state, which means that either spouse can file for divorce without proving fault or wrongdoing. The only requirement is that the marriage is “irretrievably broken.” In Georgia, there are two types of divorce: contested and uncontested.

Contested divorce is when the spouses cannot agree on one or more issues, such as division of property, child custody, or alimony. Uncontested divorce is when the spouses are able to reach an agreement on all issues before filing for divorce.

Serving Divorce Papers in Georgia:

To start the divorce process in Georgia, the spouse who wants the divorce (the “petitioner”) must file a Petition for Divorce with the Superior Court in the county where the other spouse (the “respondent”) lives. The petitioner must also serve the respondent with a copy of the Petition for Divorce.

Serving divorce papers can be done in a few ways, including:

• Personal Service: The respondent is handed the papers by a process server or sheriff.
  
  
• Acknowledgement of Service: The respondent signs a document acknowledging that they have received the papers.
  
  
• Service by Publication: If the respondent cannot be located, the petitioner can publish a notice in a local newspaper.

The Legal Process After Divorce Papers Are Served:

After the respondent has been served with divorce papers, they have 30 days to file an answer. If they fail to do so, the court may grant a default judgment in favor of the petitioner. If the respondent files an answer, the case moves forward in court.

The next step is typically discovery, where both parties exchange information and documents related to the divorce. This can include financial records, property deeds, and other relevant information.

If the divorce is contested, the parties may go through mediation or settlement negotiations to try to reach an agreement. If an agreement is not reached, the case will go to trial and a judge will make a final decision.

Timelines for Divorce in Georgia:

The timeline for a divorce in Georgia can vary depending on a number of factors, including whether the divorce is contested or uncontested, the complexity of the issues involved, and the court’s schedule. In general, an uncontested divorce can be finalized in as little as 31 days after the respondent is served with papers, while a contested divorce can take several months or even years.

Common Issues in Georgia Divorce Proceedings:

Divorce proceedings can be complicated, and there are several common issues that can arise during the process. These include:

• Division of property: Georgia is an “equitable distribution” state, which means that property is divided fairly but not necessarily equally.
  
  
• Child custody and visitation: Georgia courts prioritize the best interests of the child when making child custody and visitation decisions.
  
  
• Child support: Child support is calculated based on a number of factors, including each parent’s income, the number of children, and the amount of time each parent spends with the children. In Georgia, child support is typically paid until the child reaches the age of 18, or 20 if the child is still in high school. It’s important to work with an attorney to ensure that child support is calculated fairly and accurately.

Conclusion:

Going through a divorce can be a challenging and emotional experience, but understanding the legal process and timelines can help alleviate some of the stress. If you’re considering getting a divorce in Georgia, it’s important to work with an experienced attorney who can guide you through the process and ensure that your rights are protected.

After divorce papers are served, the legal process can involve discovery, mediation, and potentially trial. The timeline for a divorce in Georgia can vary depending on the complexity of the issues involved and whether the divorce is contested or uncontested.

Remember that each divorce case is unique, and the outcome will depend on the specific circumstances of your case. If you have questions about the divorce process in Georgia or need legal representation, don’t hesitate to seek the advice of a qualified Atlanta Divorce Attorney.