Are you unsure how to file for divorce in Georgia? The steps for filing for divorce can seem relatively straightforward on paper, but the entire process can quickly become complex and overwhelming. That’s why it’s a good idea to familiarize yourself with the process. However, you should also strongly consider working with a qualified family law professional when preparing for a divorce, since it includes multiple important legal aspects.
Steps to File for Divorce in Georgia
The first step when filing for divorce in Georgia is ensuring you meet the state’s residency requirements. In Georgia, at least one spouse must have been living in the state for at least six months prior to filing for divorce. If you or your spouse is in the military, the residency requirement is one year. There is no mandatory waiting period in Georgia, so if the residency requirement is met, you are able to proceed with filing.
The next step is to file the Complaint for Divorce, wherein you explain your reason for wanting the divorce and how you want the court to assist, such as determining child custody or property division. You must then have a copy of the Complaint served to your spouse according to legal requirements. This is known as the service of process.
If your spouse doesn’t respond or there are no issues to be decided, it’s an uncontested divorce, and the court schedules a hearing where a final decision will be made. If your spouse responds and contests the divorce, the court may schedule a temporary hearing or a trial.
The legal venue where you should file your divorce paperwork depends on where you live. Divorce cases in Canton are generally handled by the Superior Court of Cherokee County. The Cherokee County Superior Court is located at 90 North Street, Suite G-170, Canton, GA 30114. To find out where your particular case may be processed, you can consult your family law attorney.
Why Do I Need to Hire a Divorce Lawyer?
The latest data from the CDC states that the current divorce rate in the United States is 2.4 per 1,000 individuals. In 2021, the divorce rate across the state of Georgia was 2.2 per 1,000 people. This was slightly higher than the year before, when the rate in Georgia was 1.9 divorces per 1,000 total population.
While you are not legally required to hire a divorce lawyer, it’s highly advised that you do work with a family law professional. Georgia divorce laws can be complex and difficult to navigate for those who aren’t familiar with the legal system.
With the help of a qualified and experienced divorce attorney, you can reach a resolution more easily and quickly than if you were to try to take on everything by yourself. Once your attorney has guided you through filing the divorce paperwork, proceedings to settle the following family law matters will follow:
- Asset and debt distribution: Marital property in Georgia is divided in a fair and equitable, but not necessarily equal, manner. It’s important to work with a divorce attorney who can ensure your assets are protected.
- Child custody and parenting time: Child custody is determined by the court according to what’s believed to be in the child’s best interests. A divorce lawyer can advocate for your parental rights during custody proceedings.
- Child support: Generally, the parent with less parenting time or the higher income is required to provide support payments to the other parent. Regardless of which party you are, a lawyer can ensure the support order is fair and reasonable.
- Alimony: Also known as spousal support, alimony is determined by a judge after considering various factors, such as the length of the marriage, the income potential of each spouse, and the standard of living during the marriage, among other details.
Choose Upchurch Law LLC for Your Divorce Needs
At Upchurch Law LLC, we’re here to listen to your needs and guide you toward your individual and family goals. Our founding attorney, Kayla Upchurch, has helped countless people and their families in Canton and throughout Cherokee County with her resolution-focused legal counsel and representation.
FAQs
Are Grounds for Divorce Required in Georgia?
In Georgia, grounds for divorce are not necessarily required, as no-fault divorce and fault-based divorce are both offered. You may choose to request a divorce based on fault-based grounds, which can potentially impact how certain matters are determined, such as child custody, alimony, or property division. In a no-fault divorce, neither party has to prove the other is at fault.
What Are the Steps to Filing for Divorce in Georgia?
The first step to filing for a divorce in Georgia is to ensure you meet the state’s residency requirements. The next step is to file the Complaint for Divorce and then have a copy of the paperwork served to your spouse. Whether or not your spouse responds to the papers, a hearing or trial will soon proceed.
How Long Does It Take to Finalize a Divorce in Georgia?
The length of time it may take to finalize a divorce in the state of Georgia can vary depending on various factors, such as how complex the case is. A divorce tends to take less time to finalize if both parties are fully cooperative with the legal process and if the spouses are in complete agreement on all the relevant matters, including alimony, child custody and support, and asset division.
Do I Need to Work With a Divorce Attorney in GA?
In Georgia, you are not required by law to work with an attorney in order to file for divorce or with the proceedings to follow. However, it is strongly advised that you consult a legal professional when dealing with family law proceedings as important as property division, child custody, and spousal support.
Divorce and Family Law Representation You Can Trust
If you need help navigating the complex area of family law, the dedicated legal team at Upchurch Law LLC is here for you. We are here to assist with divorces, child custody matters, paternity and fathers’ rights, prenup and postnup agreements, and other critical family law issues. Contact us today to schedule a consultation with a skilled divorce attorney.
