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If you have divorce questions

Is There a Waiting Period for Divorce in Georgia?

Is There a Divorce Waiting Period in Georgia?

Yes. Georgia's Superior Court Rules require a minimum of 31 days from the date of service (or date an Acknowledgment of Service is filed with the court) before the court is allowed to issue a decree of divorce. However, it is very rare for a divorce to be resolved this quickly.

How Quick Can You Get Divorced in Georgia?

While 31 days is the only technical limitation on how fast a divorce can occur in Georgia, most divorces take much longer. Before a divorce can be granted, all relevant issues in the marriage must be resolved: child custody, child support, equitable division of property, and alimony. The parties must either come to a full agreement concerning everything at issue or the court will need to make those decisions for the parties through hearings and/or trials.

Settlement is generally attempted before a hearing. For a complete settlement, the parties must reach an agreement on all pending issues in the marriage, and the terms will be outlined in a document called a Settlement Agreement. If the parties cannot reach a complete settlement, they may draft a partial Settlement Agreement, and allow the court to decide on the remaining issues.

Although settlement is generally the better way to resolve a marriage, it is usually difficult for the two parties to reach a complete agreement. It is common for divorcing parties to be emotional and struggle with reaching an agreement.

The process of exchanging offers and counteroffers is usually time-consuming. If the parties are represented by attorneys, the attorneys will need time to carefully draft and review the lengthy settlement documents. It is also common for the attorneys to involve third party mediators to help facilitate negotiations.

Should the divorcing parties reach a complete agreement, the settlement documents must be submitted to the court for review and approval. Depending upon the judge's schedule and volume of cases, it may take additional weeks or months for a judge to review and approve a Settlement Agreement and issue a Final Decree of Divorce.

Written by: Rebekah Ann James


Divorce Process
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