Usually, a contested divorce in Georgia can last from 6 months to many years. If you're wondering how long your spouse can drag out a divorce, the honest answer is “it depends. If only we could tell you otherwise, but it's important that you understand what the worst-case scenario is in your case. The 60-day waiting period and the complexity of the problems are already lengthening the process.
Your spouse's delaying tactics could delay the divorce even further. You would need an experienced divorce attorney to explore your options. A divorce in Georgia can take anywhere from 31 days to several years, depending on the type of divorce and other factors. If both spouses are willing to cooperate in their divorce, the resolution usually takes between six months and a year. If one or both of the spouses are in conflict, resolving the divorce may take several years.
Most disagreements stem from disputes related to money, property, child custody, court delays, custody evaluations, asset valuation, and delays caused by the slow response of a spouse. Mediation services can help keep this process civil and resolve the divorce more quickly. Divorces are rarely friendly transactions, even for uncontested ones. A divorce can be delayed when one party doesn't want a divorce, is bitter about it, or is trying to buy time to manipulate finances.
Not only is prolonging a divorce unfair and manipulative, it usually ends up being emotionally and financially draining for everyone involved. Under Georgia state statutes, there is a mandatory waiting period that applies when someone files for divorce. Spouses must generally wait at least 30 days after filing documents and providing appropriate legal service to finalize the divorce. The fastest possible divorce requires a minimum of 31 days.
If only we could tell them. There is no deadline for divorce, so your spouse could delay the process for months and even years, depending on the circumstances of your situation. However, you don't have to sit around while your spouse takes his time. We encourage clients to explore divorce mediation, in addition to traditional negotiations, to resolve some or all of their disputes out of court. In almost all cases, when a divorce is filed, even if a divorce is agreed upon, there is a mandatory 60-day waiting period before a court can grant a divorce.
Usually, a process server or a bailiff can complete this process in a week, but it can take longer if the spouse avoids being notified. Since you are not responsible for delays in your divorce, a judge may consider it appropriate to pay you an attorney's fee. If your spouse has been convicted of a felony or misdemeanor with a sentence of at least three years or an unspecified sentence in a criminal institution, and you have served 12 months of that sentence, you can file for an absolute divorce. Therefore, even when both parties want the divorce to be granted immediately, a minimum of 60 days must elapse before the court can finalize the divorce. If your spouse later disobeys court orders, you can get into serious trouble and even face jail time.
While there is no such thing as a “quick divorce”, Georgia offers options to expedite the process. Even if your spouse intentionally delays the divorce, the nature of your case and the legal requirements for the divorce can also cause delays. Decisions driven by anger or pain rather than objective consideration can derail negotiations and lead to a protracted divorce. If you or your spouse move to another state after the divorce has been filed, your case may still be heard in Georgia. Custody Procedures: If you have children, drafting custody terms and a parenting plan will be a central focus of your divorce. In a two-year separation, before you file for an absolute divorce, you and your spouse must have lived separately and separately, without cohabitation for two years without interruption.
While divorce often only takes time, feeling stalled by your future ex-spouse is never a good way to start a new chapter.
