While there are many similarities, divorce laws differ in every state.
To make sure your divorce goes as smoothly as possible, you want to make sure you follow the laws of your state. Don’t just rely on advice from others who don’t live there.
In this article we’re going to take a look at what the divorce process looks like in the state of Georgia? How do you file for a divorce if you are living in the Peach State? What are the requirements that you need to be able to file for a divorce?
In this article, we will tell you exactly how to file for a divorce in Georgia.
How To File For Divorce In Georgia
There are a few requirements that have to be met first before you can file for a divorce in Georgia. We’ll cover those first here.
Meet The Residency Requirements
Before you can file for a divorce in Georgia, the first thing you need is to meet the residency requirements in the state. The residency requirement in Georgia is that one of the spouses must be a resident of the county where they will file for the divorce for 6 months or more.
Preparing Your Forms
The second prerequisite requirement to be able to file for a divorce is to prepare the forms that the state requires. The first form to complete is the “Complaint for Divorce.”
There must be a legal ground for a divorce. You can file for a divorce for the following fault grounds:
- Being related to each other
- Mental incapacity at the time of marriage
- Forced marriage
- Pregnancy of wife by another man other than the husband during the time of marriage
- Desertion of one spouse for a year or more
- One spouse is sentenced to imprisonment for a year or more
- Abuse and cruel treatment
- Incurable mental illness
- Habitual drug addiction
Georgia is also a no-fault divorce. A no-fault divorce can be filed by stating that the marriage is irretrievably broken.
Filing For A Divorce
You will file for the divorce in the Superior Court of your county. You will have to provide a copy of your signed complaint to the county clerk. It is official once you get a copy from the clerk with the date and a notation stamp on it.
Serving Your Forms
There are a few ways in which you can serve the official divorce complaint to your spouse. They are:
- Mailing the paperwork to your spouse
- Private process service
Once they are served the documents, the spouse that was served has 30 days to respond. If the spouse served does not respond within the given 30 days, they have no right to be notified of any future notices regarding the case. This includes the time and place of the trial.
So it’s possible for the divorce to proceed without their acknowledgement.
During the divorce, there has to be financial disclosure between the two spouses regarding the following:
- Tax returns
- Bank statements
- Credit card statements
- Personal financial statements
- Other financial document
There you have it! We hope that this article has helped you gain an insight on how to file for a divorce in Georgia.
As always, if you plan to file for divorce, we highly recommend you hire a good divorce attorney. They will make sure you file things correctly. They should also be a great advocate for you in this difficult time and have your best interest at heart.
If you want to get an idea of the costs of a divorce, check out How Much Does a Divorce Cost in GA?
An Overview of The Process
To get an more general overview of this process, check out our general article on How To File For Divorce.