It is recommended that you seek legal advice when filing for a divorce. You can find an attorney by visiting the Georgia State Bar Association website. In Georgia, you don't need to be represented by a divorce attorney. However, because the process can be complicated, you would almost certainly make a big mistake trying to handle it on your own. This is especially true if your spouse hires an attorney.
Without a thorough understanding of Georgia's divorce laws, it's impossible to achieve an optimal outcome. It's always a good idea to have an attorney represent you when you get a divorce. In Georgia, you don't need to be represented by an attorney in a divorce action. When one of the parties does not have an attorney and represents themselves, the party is called pro se. While several metropolitan counties have resources available to help pro se people who are processing a divorce, we strongly recommend that you consult the resources on the Fulton County Family Law Division's website, even if your divorce is in another county, because these particular pages have many services to help the party.
However, depending on the complexity of the case, representing yourself could be a very bad idea, and the outcome could be much more costly than hiring an attorney. There are a wide variety of documents you need to file for a divorce. Each county may require different forms. Therefore, it's always best to hire an attorney to represent you.
Never attempt to represent yourself in any legal action. Given the complexity of divorce proceedings, it is of the utmost importance that you have an attorney on your side during the process. Everything from when to stand up to how you speak can affect the judge and your case. An attorney can also help you avoid certain inappropriate behavior, such as having ex-parte conversations with a judge or jury during the trial. Uncontested divorces tend to resolve faster than contentious divorces.
They also tend to be less costly, controversial, and stressful. One reason for this is the fact that divorce attorneys are not required. Spouses considering a divorce in Georgia can also use another form of alternative dispute resolution known as a settlement conference. Types of Evidence Used in a Divorce Trial During a divorce trial, each party presents evidence showing that the divorce falls under one of the thirteen grounds for divorce in Georgia. The reality of an uncontested divorce in Georgia is six months to a year from filing to receiving your final judgment.
If your divorce is truly uncontested, the attorney fees involved will be reasonable and will ensure that all necessary documentation is properly prepared and submitted to the court to help ensure that the process moves forward at a steady pace. An uncontested divorce, on the other hand, is one in which both parties have been able to reach an agreement on all the terms related to the divorce before going to court or to an arbitrator. However, some courts require that one of the parties appear at the end of an uncontested case (when the parties have reached a settlement agreement) to swear under oath the elements of the divorce. Under Georgia law, the only requirement for filing for divorce is that both parties must suspend “marital relations with the intention of divorcing.” Finally, being the first to file for divorce can provide you with a much needed psychological advantage, allowing you to feel better in control of the situation.
Arbitration is similar to mediation in that both are alternative dispute resolution methods for resolving a divorce. If your spouse simply refuses to participate in the divorce, it can take 46 to 60 days for the divorce to be finalized. If your divorce case in Georgia involves child custody or visitation issues, you'll need a judge to rule on these issues. The application for divorce is the most important document you will need to prepare and file with the court.
Keep in mind that many counties have their own forms, so be sure to visit the website of the county clerk of the superior court where you are filing the paperwork (more information below) or call the office for more information.
