Marriage can be entered into by a marriage ceremony or by common law cohabitation.A court can order the dissolution of a marriage.Before your divorce can be considered by the court in Georgia, you need to meet residency requirements and give reasons for wanting a divorce.The process can be done without a lawyer if the parties agree on little property and no children.If there is a disagreement about children or property, you should seek the advice of an attorney.
Step 1: You need to divorce.
Marriages are usually done by license and ceremony.You will need to get a divorce if your marriage certificate was filed after a church or civil ceremony.Common law marriages have been recognized in Georgia.Even though a marriage certificate was never filed, common law marriages occur when an adult couple openly lives as married.If you entered into a common law marriage before January 1, 1997, you will be recognized by the state.You will have to get a divorce.You don't have to get a divorce if you started living together without going through a marriage ceremony after January 1, 1997.To seek a divorce in Georgia, you need to confirm your eligibility.To access the Georgia state court system, you need to know that you and your spouse live in the state.There are three ways to establish residency in Georgia.You have to be a resident of the state for at least six months before you file for divorce.You don't have to live at the same address if you have lived in the state for a while.You will be asked to prove your residency in court if you swear to it.Drivers license, voter registration, utility bills, and rent receipts are included in proof.If your spouse has been a resident of the state for at least six months, you can still file for divorce in Georgia.If you have been a resident of the United States army post or military reservation within this state for at least one year, you can file for a divorce.You should be prepared to document your residency in military-controlled housing.
Step 2: Decide if you want to file in your county.
You can file for divorce in the county where your spouse lives in Georgia.You can file in your county of residence if your spouse has moved out of state.If your spouse consents, you can file the divorce in your county.It is a good idea to wait at least 30 days to make sure you are in compliance with local rules, as the state law has no requirement of how long you have to live in a county before filing.
Step 3: You need to gather the information for your petition.
Specific information is required in your divorce petition.The questionnaire developed by Legal Aid of Georgia is a good way to start.The staff attorneys of Legal Aid are well-versed in Georgia divorce procedure and prepared this as a guide to help in your pre-divorce planning.Cross out a section if it doesn't apply to you.
Step 4: Decide on name changes.
If one spouse assumed the other spouse's name during the marriage, they have the choice of reverting to their original name or keeping their married name.The documents need to be considered by the spouse and included in the petition.
Step 5: You have to pay the fees.
There is a fee to file for divorce in Georgia.There are additional fees for process server, document preparation, and administrative costs.You may be able to have the filing fee reduced if you are low income.Proceeding In Forma Pauperis is what this is called.You can get a fill-in-the- blanks application from Legal Aid of Georgia.Your case can proceed if the court accepts it.Your divorce will not be put on the court's calendar until the fee is paid if it is denied.
Step 6: The reason for the divorce can be determined.
13 different legal reasons can be used for a total divorce in Georgia.Twelve of them are fault-based.You will have to prove that your spouse did something wrong.The no-fault option is a simple statement that the marriage is irretrievably broken.adultery, impotent, drug addiction, and that the marriage was fraudulent are some of the fault-based grounds.The original laws of over a century ago are the basis of many of these grounds.It is not uncommon to want to punish your spouse for wrongdoing and to list as many faults as possible in the divorce petition.You should speak with an attorney before you do this.If fault is used as a reason for divorce, your spouse has the right to file a counterclaim with allegations of fault against you.Unless an attorney tells you that a fault-based divorce is in your best interest, you should use the no-fault option.
Step 7: Prepare a petition for divorce.
The information from your questionnaire will be used to prepare the divorce petition.Being pro se is when you are acting without an attorney.Your documents must be complete and pass legal muster to be accepted by the court.An uncomplicated divorce begins with a well-prepared divorce petition.Legal Aid of Georgia has a divorce package for both without children and with children.If you and your spouse agree on the terms of the divorce, you can use these forms.Unbundled legal services are allowed in Georgia.Attorneys can charge either an hourly or flat fee to prepare divorce petitions.Depending on the complexity, you can expect to pay between $100 and $500.If you have a complex property situation, it may be worthwhile to have an attorney review your settlement.Third-party document preparation and online document generation services.For-profit and self-help services can be used to prepare documents for little to no cost.You use them at your own risk.One way to check the quality of the service is to perform an online search with the name and "complaint" or "review" to see if anyone has any opinions on the site.
Step 8: The child-specific documents should be prepared.
If you have children under the age of 18 with your spouse, you will need to have a plan for parenting and financial support.Georgia law requires divorcing parents to have a parenting plan.The document will detail parenting time schedules, holiday times, and any responsibilities that you and your spouse want to detail in the plan.The court will likely accept the parenting plan without modification if the plan is cooperative.Child support calculation must be included in all divorces with minor children.The court will base its calculations on your ability to earn minimum wage if you or your spouse are unemployed and not disabled.Child support isn't a static number.The legislature sets the amount of support based on the number of children.If there are three children and the combined gross monthly income of both parents is $4,000, the table sets the total support at $1,280 per month.The amount will be divided between the two parents based on their income.The child support obligation will be 60 percent of $1,280 or $768 if the custodial parent contributes 40% of the gross income.If both parties agree that there is adequate resources to provide for the child's needs, the parties can deviate from the presumptive child support amount.The child support calculation needs to be included in the divorce filing.The court may refer you to alternate dispute resolution if you can't agree on custody and support of your children.Unless you make a good faith effort to settle the disputed points, your divorce will not be granted or set for trial.The average cost for mediation is $175 per hour, according to the court.If the divorce is grounded in domestic violence or threats of child abuse, you should consult with a family law attorney before filing your case as a pro se litigant.This is to make sure that you don't end up in a potentially dangerous situation.
Step 9: You must sign and notarize your documents.
If you and your spouse are in agreement, you will sign the documents together.The signatures are signed with blue ink.
Step 10: The courthouse is where you can file your documents.
If your spouse agrees to the divorce, you will have to file a waifish of service document.You can either take the documents to the sheriff or a private process server who will deliver them to your spouse.It will cost between $20 and $50 for this service.The court can't waive the fee.Your spouse has 20 days to respond to the petition.
Step 11: You can schedule your court date.
Depending on the complexity of the divorce, the case may be scheduled for a preliminary hearing.After the service period is over, you will most likely be scheduled for a single final hearing date.
Step 12: You should attend the court hearing.
You must be present if this is a preliminary or final hearing.Your divorce could be delayed or even dismissed if you don't show up.Be on time.You should have plenty of time to find the courthouse.Children can't be left unattended in the courtroom and judges do not typically allow them in.Your friend cannot come up to the table with you if you bring a companion.Stand when you are speaking to the judge.Ask the judge to explain if you don't understand a question.
Step 13: Receive your papers.
As soon as the judge signs the orders, you are divorced.You and your spouse can begin to divide their property.If you want to change your name on your identification, lease, contracts, and for your child's school, you can make copies of your divorce decree.The decree will be accepted by most entities.Some agencies may need a certified copy of the decree.You can get instructions on how to order certified copies from the court clerk.There is a fee for this service.
Step 14: Wait for your divorce to be finalized.
The divorce is not finalized until 31 days after the divorce decree is filed with the court.During the appeal period, your spouse can change the terms of the agreement.This is very difficult and very rare, so don't worry.You can't get married until the 31 day period is over.