As a divorce attorney, I am often asked whether some Georgia divorce requirements may be waived in certain situations. For example, a person who has been living apart from their spouse for several years may want to know if they can get around the waiting period. The simple answer is no. In Georgia, you only have to wait thirty-one (31) days after filing your Complaint for Divorce,if you have filed for divorce on the basis that your marriage is irretrievably broken. The fact that you and your spouse have been living apart is irrelevant to this waiting period.
Additionally, if you and your spouse have children together, you will both have to take the co-parenting classes, which are required in order to get divorced in Georgia. There are rare occasions when a party does not have to take the course in order for the divorce to be granted but, generally, if there are children, the class is required before the divorce will be granted. If there are no children born during the marriage between the parties, there is no requirement to take this class.
By Patrick L. Meriwether, Partner, Meriwether & Tharp, LLC