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. To obtain any type of divorce in Georgia, one or both spouses must have lived in Georgia for at least six months immediately before the divorce is filed. If only the defendant spouse (who did not file the application) lives in Georgia, the divorce must be filed in the county where the defendant lives.
In Georgia, there is no waiting period to file for divorce, but you must have lived in Georgia for at least six months before you can file for divorce. If you live on a military base, you must have lived in Georgia for at least one year. Not only can they manage the documentation and logistical steps needed to file for a divorce, but your lawyer can also become your trusted attorney throughout the process and ensure that you feel safe from day one. If you and your spouse cannot reach an agreement on the terms of your divorce, a judge will decide your case. Once your divorce decree has been granted (finalized), any changes to your settlement agreement will be made through a formal motion of amendment.
The second component of your response, the counterclaim, consists of stating your version of the facts regarding the divorce and stating what you are asking for in terms of assets, child support and custody, etc. The reality of an unopposed divorce in Georgia is six months to a year from the filing of the judgment to the receipt of the final judgment. A key factor in accelerating the divorce process is the ability of both parties to collaborate and reach agreements on various aspects, such as property division, alimony, child support and child custody. When you file for an unopposed divorce in Georgia, you must indicate in your divorce application that the marriage is irretrievably broken, Georgia's only ground for a no-fault divorce. Founded in 1988, Stearns‑Montgomery and Proctor provides competent legal advice and advocacy in the areas of divorce and family law, including child support and custody, alimony and spousal support, paternity and father's rights, and adoption.
A disadvantage of filing for divorce first is that you have to pay filing fees associated with a domestic civil action. In mediation, you and your spouse meet with a mediator to discuss issues that you can come to an agreement on before proceeding with the divorce process. Another disadvantage associated with being the first to file for a divorce is that the other party will be able to file counterclaims to your initial filing. Given the complexity of divorce proceedings, it is of the utmost importance that you have an attorney on your side during the process.
