You must file for divorce with the Clerk of the Superior Court of the county where you or your spouse have lived for at least 6 months. You'll start by filing a petition for divorce, or a petition for divorce, stating the legal reasons for the divorce and the issues you want the court to address. When filing for an unopposed divorce, spouses must reach a consensus on all issues. Once they reach those agreements, they can obtain a divorce decree without even having to go to court.
If you have lived in Georgia for six months or more, you can get a divorce. But if the court can't obtain personal jurisdiction over your spouse, it can't award alimony or child support, or award property in another state. Personal jurisdiction means that there are enough connections between your spouse and the state of Georgia for Georgia's courts to have the power to make decisions that affect your spouse. To file for divorce, you must meet certain legal requirements. With the necessary divorce forms completed, your divorce request must be filed with the Superior Court of your county of residence.
Not all divorce cases end with the parties arguing their case in a final judgment. In fact, many Georgia counties require parties to attempt mediation or settlement before going to court. While there are several alternative dispute resolution methods that lead to an agreement, mediation is probably one of the most common methods. In mediation, a neutral third party will help guide both parties to a mutually acceptable solution to their divorce. When the issue of the divorce agreement is resolved, your case will be issued by the court to issue a final judgment of divorce.
Keep in mind that there is usually a filing fee (the amount varies by county) that must be paid to the court when the initial lawsuit is filed. There is a formal petition for divorce that must be completed and filed with the Superior Court of the county where you live. By filing a divorce action in Georgia, you submit to the court's jurisdiction. In general, seeking a no-fault divorce is faster and less expensive than filing for a divorce on any of the 12 fault-based grounds. In contested cases, a divorce would only be granted after a trial in which the parties are unable to resolve the matter between them.
A judgment handed down during a temporary hearing is an interim measure and can be replaced by the final judgment in a divorce. As a matter of public policy, Georgia is wrong to continue a marriage and therefore avoids issuing judgments in absentia in divorce proceedings. Having knowledge of how the divorce process works in Georgia will ease your anxiety and help you prepare to know what to expect when the time comes. With a good strategy, you can prevent and manage common obstacles that prevent a divorce from being finalized.
Alternatively, your spouse may be notified by a bailiff or by a private investigator authorized by the court to attend to litigants in that respective county.
