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What If I Can’t Afford to File for Divorce in Georgia?

Publish Date: 12/10/2013

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What if I can't Afford to File for Divorce?

Seeking a divorce in Georgia can be an expensive endeavor. There are several potential costs involved ranging from attorney's fees to court costs. As family law attorneys, we here at Meriwether & Tharp understand that divorce is a stressful process in and of itself without having to consider the steep costs associated with it. However, cost is one of the unfortunate realities of divorce. You might see Advertisements for "Free Divorce." You should be wary of such advertisements. Free divorce in Georgia may not be realistic. Even if you decide to proceed without the assistance of counsel, a divorce in Georgia still won't be free. You will still encounter the basic costs for divorce listed below. Notwithstanding, under certain circumstances, you may be able to apply for a waiver of these fees. You can read more about the basic costs of divorce and the waiver below.

Basic Costs of Divorce

For those who are seeking to file for divorce in Georgia, especially those who which to proceed without the assistance of counsel, the first cost encountered will likely be the filing fee and service fee. Generally, the cost to file a Complaint for Divorce in Georgia ranges from $200.00 to $225.00. This fee must be paid to the Clerk of Superior Court in the county where the divorce case is initiated. In addition to this fee, a service fee must also be paid. This fee is the cost to have your spouse served with the divorce papers by the Sheriff's department. In almost every county in Georgia, the service fee is around $50.00.

If I have no Resources can I get the fees Waived?

If you are unable to these fees necessary to initiate a divorce here in Georgia, you may file an Affidavit of Indigence or Poverty Affidavit (some counties also refer to this as a Pauper's Affidavit). This affidavit asks the Court to waive the mandatory filing fee, service fee and other court costs associated with filing for divorce in Georgia. Although this option is available, it is important to note that these requests are not automatically granted, and you will have to show proof of your income to ensure that you meet to qualification to have these fees waived. Additionally, in most counties the court will only grant these requests if you are representing yourself (pro se) or if you are represented by a pro bono attorney.

For more information concerning proceeding with your divorce action pro se, or to possibly enlist the services of a Legal Aid attorney, contact Georgia Legal Aid or Georgia Legal Services.

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