Divorce in Georgia: Legal Process, Timeline, and What to Expect
Are you preparing for a divorce in Georgia? It is normal to have a lot of questions about your rights, your options, and how the process actually works. You have probably heard some horror stories about divorce. As challenging as it can be to go through one, it does not have to be that way with the right legal representation. At Meriwether & Tharp, LLC, we are leaders in family law in Georgia. Here, a Georgia divorce attorney explains what you can expect from the legal process.
Grounds for Divorce and Filing Requirements in Georgia
Divorce cases are largely governed by state law, not federal law. While there are many broad similarities in the divorce laws across different jurisdictions, there are some key differences as well. It is crucial that you understand how the filing requirements work for a divorce in Georgia. To file for divorce in Georgia, at least one spouse must have been a bona fide resident of the state for six months immediately preceding the filing (O.C.G.A. § 19-5-2). The divorce petition must be filed in the superior court of the county where the respondent resides, unless an exception applies.
Under Georgia law (O.C.G.A. § 19-5-3), both fault-based grounds and no-fault grounds for divorce are recognized. With that being said, the most common ground is the no-fault basis that the marriage is "irretrievably broken." Indeed, most divorcing couples in Georgia end their marriage on a no-fault basis. To do so, they only need one spouse to assert under oath that reconciliation is not possible. Georgia also recognizes twelve fault-based grounds, including adultery, desertion for one year, conviction of a crime involving moral turpitude with a sentence of two years or more, habitual intoxication, cruel treatment, and incurable mental illness.
Key Steps in the Georgia Divorce Process
What can you expect from the divorce process in Georgia? A step-by-step overview of the process can be useful for general insight. While every divorce in Georgia will take its own turns, cases will usually follow much of the following process. Here is an overview of key steps:
Prove Residency: Georgia law requires that at least one spouse has lived in the state for six months before filing for divorce. Doing so establishes jurisdiction for the superior court to hear the case. You must prove residency.
File a Complaint: Legally speaking, the divorce process truly starts with the filing of a complaint. The complaint must identify the grounds for divorce, whether fault-based or no-fault. It should also request relief regarding custody, support, and property division.
Serve Your Spouse: You have to serve the divorce complaint on your spouse. If you are filing together (not uncommon), that requirement can be waived. Service can be completed by a sheriff, a private process server, or through a signed waiver.
Respond (If Served): Did you get served with divorce papers? You have 30 days to file an answer after being served. An answer addresses the claims and may include counterclaims. If you fail to respond, a default judgment may be entered against you.
Seek Temporary Orders: Either party may request temporary orders while the case is pending. These orders cover custody, visitation, child support, spousal support, and possession of marital property. Temporary relief ensures stability during the process.
Proceed to Discovery: Your divorce case will then be set to proceed to discovery. Discovery is the formal exchange of information between spouses. It includes interrogatories, requests for production, depositions, and subpoenas.
Try Settlement: After discovery, there will be an opportunity for settlement. Indeed, in many divorce cases, a Georgia court will even order the parties to attempt a round of mediation. Many divorce cases are settled outside of court.
Prepare for Trial: If settlement fails, the case proceeds to trial before a judge or a jury in limited property disputes. Both sides present evidence and witnesses on custody, support, and property division. The court applies Georgia's divorce laws.
To be clear, your divorce case could be settled at any point during the process. A divorce can even be settled before a complaint is ever filed. Some people end up settling after a trial has already started. There is not one "right" strategy to approach settlement negotiations.
How Long Does a Divorce Take in Georgia?
Once filed, Georgia law imposes a minimum 30-day waiting period before a divorce may be finalized. Of course, many cases take significantly longer than that. Still, with an uncontested divorce (where spouses agree on all issues), the case can be finalized soon after that waiting period ends.
On the other hand, contested divorce takes much longer. When disputes involve custody, property, or support, the process can last several months or even more than a year. The timeline depends on many different factors, including court schedules, the complexity of the case, and the willingness of parties to work out their differences and reach a settlement.
Why Trust the Georgia Family Lawyers at Meriwether & Tharp
Divorce is complicated. During a legally and logistically challenging time, you need an attorney whom you can trust. Meriwether & Tharp, LLC, is one of Georgia's most trusted family law firms because the attorneys focus exclusively on divorce and family matters. With more than two decades of experience, they know how to guide clients through complex issues like child custody, property division, and visitation. Our firm combines the resources of a large practice with the compassion of a client-centered team. Your initial consultation with our Georgia divorce attorney is confidential.
Speak with a Georgia Divorce Lawyer Today
At Meriwether & Tharp, LLC, our Georgia divorce lawyers are compassionate, experienced, and solutions-focused. We put time and resources into every case so that our clients can find the best solution. If you have any questions about divorce in Georgia, contact us today. We provide family and divorce services throughout Georgia.