Not all marriages end happily ever after. Statistics show that about 50 percent of marriages in the United States end in failure, and Georgia is no exception.
“If you are one among the many who are planning to end their unions with their spouses, it would be advantageous if you know what lies ahead. Consulting with specialists, such as family law attorneys, would be even more beneficial, as they can guide you through the state-specific requirements and issues,” says Shawna Woods of Atlanta Divorce Law Group.
To help you understand the divorce process comprehensively, this article outlines the steps involved in divorce in Georgia.
Separating
After deciding to divorce your wife or husband, separate living arrangements must be made. Georgia does not require written separation agreements, but courts expect a definite ending of cohabitation.
During the period, document your finances and daily expenditures. Divided households can create financial stress, so meticulous records can prevent future disputes over assets or debts.
If there are children, arrange for temporary custody and support as early as possible. Judges may look at how well you maintain stability during this phase when deciding on permanent custody later.
Finding Grounds for Divorce
Filing for divorce requires stating a valid claim, commonly referred to as grounds. Georgia is a state that allows both no-fault and fault divorces.
Fault-based grounds include adultery, cruelty, desertion, addiction, and mental incapacity during marriage. If you want to file based on fault, be prepared to produce evidence during proceedings.
No-fault divorce, on the contrary, simply requires that the marriage is “irretrievably broken.” It is not necessary to prove any wrongdoing, as long as both parties agree that reconciliation is no longer possible.
Filing the Petition for Divorce
The divorce process officially begins when you file a complaint or petition with your or your spouse’s county Superior Court. This form includes preliminary details such as names, properties, and reasons for divorce.
Each county may have slight variations in required forms. Some ask for financial affidavits upfront, while others require parenting plans if children are involved.
Court filing fees are mandatory, unless waived due to hardship. Once filed, the court will issue a case number and begin tracking deadlines related to service and response windows, which will follow shortly thereafter.
Serving the Petition and Waiting for Response
A copy of the divorce petition must be served on your spouse. Under Georgia law, formal service must be carried out by a sheriff’s deputy, a private process server, or acknowledged in writing..
The state allows your spouse 30 days from the date they receive the petition to respond. That response can be an agreement, a disagreement, or counterclaims regarding custody or financial matters.
If you do not receive a response within 30 days, the court can rule by default. That is, decisions could move ahead without your spouse’s input.
Being a Part of the Discovery Process
Discovery begins after preliminary filings and responses have been completed. Typically, you exchange documents, affidavits, and other information to disclose details about finances, assets, and parenting arrangements.
Courts allow a variety of tools during discovery, such as interrogatories, depositions, and subpoenas, and both sides are required to make truthful responses. Hiding assets or evading answers tends to result in penalties down the road.
You can expect this phase to last weeks or months, depending on the intricacy of your case. When both sides collaborate early, discovery can resolve issues in contention before trial or even during settlement negotiations.
Resolving Through Settlement or Trial
Most divorces in Georgia are concluded through a settlement, rather than a trial. After discovery has concluded, the two sides may meet with lawyers or mediators to negotiate terms regarding property division, custody, and support.
If no agreement is reached, the case proceeds to trial before a judge or, if requested by either party, a jury. Trials are more expensive and emotionally draining, but necessary when significant issues are at stake. The court reviews evidence presented by both sides, and a final decree is issued. That order becomes legally binding and applies to all future commitments, including asset distribution, parenting time schedules, alimony payments, and any delinquent child support.