If you filed for a fault divorce for specific reasons, certain circumstances may do so. If one of the spouses fails to respond to a divorce petition in Georgia, this will not prevent the divorce process from moving forward. Instead, it can create negative consequences for the alleged defendant. To start the divorce process, you must file a complaint with the higher court where you or your spouse live.
In your complaint or at the hearing, you will need to meet the residency requirement for the reason you specified above. Divorce laws apply only to residents of a state, and each state has its own residency requirements. To guarantee a no-fault divorce in Georgia, the residency requirement is six months in Georgia. You must file for divorce in your county of residence.
A non-resident can file for divorce against a spouse who has resided in Georgia for six months. The divorce must be filed in the county where the defendant resides. The law absolutely requires that you or your spouse have been resident for the established period of time immediately before and at the time you file for divorce. For example, you cannot have lived in Georgia for six months before moving to Nebraska for another six months and then returning to Virginia to file for divorce.
However, after you have applied, you can move anywhere in the world. What should you do when this happens? The short answer is that it's still possible to obtain a divorce in Georgia even if the other party refuses to sign the divorce papers. Below, we'll review some additional details about what exactly you should do in this situation. Ultimately, a court won't keep you in a marriage you don't want to be in, so your spouse's refusal to sign will only delay the process. The team of divorce attorneys at Boudreaux Law Firm is truly compassionate and works hard for you when you need it most.
The conviction can be for a misdemeanor or a felony in any state, and the spouse must serve at least 12 months of a minimum sentence of three years in a correctional or penal institution. During a default divorce, a judge will grant the divorce in favor of the spouse who filed the lawsuit. Get the help of a divorce attorney if you're having trouble defending yourself against an unfair divorce lawsuit. However, if you claim that your spouse committed adultery, you can initiate the absolute divorce action at any time. If you and your spouse cannot reach a consensus on the terms of the divorce, it is essential to attend a hearing so that the judge can make decisions on the contested issues.
You don't need to separate in order to obtain an absolute divorce; there's a misconception that you need a legal separation in order to get a divorce. Finding the right divorce attorney for you right from the start will help protect your interests if divorce is unavoidable. Most cases of adultery are proven with circumstantial evidence, meaning that you must establish that your spouse had the willingness and opportunity to commit adultery. If you are the applicant for divorce and it turns out that your spouse is still legally married to someone else, you may find it difficult to assert your marital or spousal rights.
A qualified divorce attorney will guide you through the process and help you decide what is the best type of separation to follow.
