General Divorce

We hope that this information will help you understand the laws in Georgia related to divorce and help you to understand the Georgia divorce process. Your Georgia divorce lawyer will be there to help you navigate the courts and understand the process of obtaining a divorce in Georgia.

In order to file for divorce in Georgia, you or your spouse must have resided in Georgia for six months or the state of Georgia must have been the last domicile of the marriage. The last domicile of the marriage is typically the last physical location in which you and your spouse resided together. Your Georgia divorce attorney can quickly assess whether you have the right to file for divorce in Georgia.

Before filing for divorce in Georgia, you and your spouse must be legally separated. This does not mean that you and your spouse cannot live in the same home as long as you are not sharing a room or have continued sexual relations.

Each county in Georgia has a Superior Court in which you will need to file your action for divorce. The action that you or your spouse files or filed is known as a “complaint” and includes factual information regarding your marriage, your reasons for seeking a divorce, any children, marital property and other information that your divorce attorney needs to present as part of this initial filing. The complaint must typically be filed in the Superior Court in the Georgia county where your spouse lives. If your spouse has moved from Georgia, you may file the complaint in the Superior Court of the county in which you live. Your divorce lawyer will be able to assist you in making this determination.

A copy of the complaint will be served on your spouse. If you were served with a complaint, you should contact a Georgia divorce lawyer as soon as possible in order to preserve your rights. You should also bring the complaint with you to your initial consultation with a divorce attorney.

It may be possible that you can resolve your entire divorce in Georgia without having to go to trial. An agreed divorce is often referred to as an uncontested divorce. In Georgia, the court can grant an uncontested divorce in as few as 31 days. If you and your spouse can reach an agreement regarding all issues such as division of property and child custody arrangements, your attorney will petition for the court to approve the settlement agreement and, hopefully, your divorce can be finalized.

If you and your spouse, however, cannot reach an agreement, it will be necessary for a judge or jury to resolve contested issues. During the time while you are waiting for resolution, you or your spouse can request a temporary hearing to temporarily resolve issues such as child support and possession of property until the final trial. Your divorce lawyer will determine the appropriate course of action depending on your unique circumstances.

If your divorce proceeds to trial, the divorce court will decide all of the issues that are contested. Both spouses will present evidence in court and a judge or jury will enter a written order that is binding upon all parties. It is important that you have an experienced and capable Georgia divorce lawyer who can get the best result if your divorce proceeds to trial.

Marriage is a civil contract that can only be dissolved as provided by law in the form of a divorce or an annulment. You also have the option of seeking a decree of separation rather than a divorce. Regardless, you must prove to the Court that you have grounds on which to seek a divorce.