A no-fault divorce in Georgia requires one spouse to swear that the marriage is irretrievably broken due to irreconcilable differences.
So, even if you don't “sign” the divorce papers, your spouse can still obtain a divorce in Georgia.
Divorces can be contested or uncontested. In uncontested divorces, both parties accept the terms of the divorce, such as child custody, division of property, or alimony. In contested divorces, the parties disagree and must resolve these terms in court.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. Ideally, divorce documents should be delivered directly to the receiving spouse. There are exceptions to this rule. An attorney could explain to them if their situation applies.
Being eligible for a divorce in this state will depend on the type you're filing for, as they have their own specific requirements and consequences. In Georgia, you can get a divorce if there is no hope that you and the defendant can save the marriage. If you can only prove the disposition but not the opportunity, the courts may not allow your divorce because the court may reason that this is just mere speculation. These prerequisites must be met before any steps can be taken to initiate divorce-related proceedings under Georgian law. In a two-year separation, before you file for an absolute divorce, you and your spouse must have lived apart and separated, without cohabitation for two uninterrupted years.
If you hire an attorney to fight against the divorce, the case will move from the discovery phase to a trial. Under Georgia law, higher courts have jurisdiction over divorce proceedings and, therefore, individuals must file their initial documents at the local court clerk's office. If you or your spouse move to another state after the divorce has been filed, your case may still be heard in Georgia. Finally, if your spouse has been confined to a psychiatric institution, hospital, or other similar institution for at least three years, you can file for an absolute divorce, provided that you have met the required residency requirements for this particular reason.
Someone who wants to divorce would hire an Atlanta divorce lawyer to help deliver the divorce documents to their spouse, because that way they would ensure that they meet all the county and state requirements. Even if the other spouse does not want a divorce, the court can grant a divorce based on the petitioner's statement that there is no possibility of reconciliation. The divorce process in Georgia begins when a spouse files a divorce petition with the Superior Court. The divorce process in Georgia is complicated and emotionally demanding, but having a basic understanding of the reasons for the divorce and legal qualifications can help make it easier. The divorce must be filed where the plaintiff or defendant resides or where they have regular employment or a place of work.
To start the divorce process, you must file a complaint in the higher court where you or your spouse live. If you're worried that your spouse might try to stop your divorce or cause problems, talk to a Douglasville divorce lawyer.
