What is the Divorce Process in Georgia?

What is the First Step When You Want a Divorce?

While divorce can be a long and challenging process, Meriwether & Tharp's skilled attorneys have years of experience navigating Georgia's court system.

The divorce process begins when one party files a Complaint for Divorce. Shortly after the Complaint is filed, the opposing party is served with the Complaint and has 30 days to respond with an Answer. In Court documents (Pleadings), the party who files the Complaint is referred to as the Petitioner and the opposing party is called the Respondent.

Discovery

Once the Answer is filed, the parties are required to engage in a 6-month Discovery period. During Discovery, the parties are required to exchange documents relevant to the case, which may later be used as evidence.

Motions and Hearings

Throughout the case, parties may file Motions and Temporary Hearings may be held in order to resolve temporary issues specific to each case.

How Can I Save Money when Divorcing? - Settlement

Meriwether & Tharp uses a resolution-focused approach to resolve cases outside of Court. Although the Court may require parties to attend Mediation, the parties may also settle a case through Arbitration, Settlement Conference or Late Case Evaluation.

In Mediation, a neutral party facilitates settlement discussions between the parties to help the parties reach an agreement. An Arbitration is similar to Court because the Arbitrator hears the evidence in the case and renders a decision. At a Settlement Conference, the parties' attorneys will negotiate and may draft a mutually agreeable settlement. During a Late Case Evaluation, the evaluator will hear the evidence and make a non-binding settlement recommendation based on their expert opinion.

By focusing on settling the case, the parties save the time and expense of going to Court, while also allowing the parties to come to a mutually agreeable settlement, rather than allowing the Court to decide.

Final Hearing

If the parties are unable to settle their case, the matter will proceed to a Final Hearing. At the Final Hearing, each party will be allowed to give an opening statement, the Petitioner will present his/her evidence first, the Respondent will present his/her evidence second, each party will give a closing statement and a judge or jury will decide upon the contested issues in the case.

Written by: Rebekah Ann James