How To Get a Divorce in GA—The Ultimate Guide
Getting divorced is a difficult process that’s both emotionally straining and technically tricky if you don’t know your state laws.
To get a divorce in Georgia, you or your spouse must have lived in the state for at least six months before filing the papers. Another requirement is that you need to have grounds for divorce. You can either file for a:
- Fault-based divorce
- No-fault divorce
Couples who opt for a fault-based divorce need to have grounds (reasons) for getting separated. Grounds for divorce in Georgia are:
- Being too closely related (cousins)
- Impotence or sterility
- Pregnancy of the wife by a man other than the husband
- Wilful desertion of one spouse for one year
- Conviction of a spouse for an offense involving immoral behavior resulting in imprisonment for two years or more
- Abuse of alcohol or drugs
- Physical or mental cruelty
- Incurable mental illness
A reason for a no-fault divorce in Georgia is that the marriage must be irretrievably broken. Both parties agree they can’t fix their marriage and that it must end. More people opt for this type of divorce as it will be cheaper and faster than a fault-based divorce.
If you want to file for divorce in Georgia without a lawyer, you will need to opt for a no-fault uncontested divorce.
To file for an uncontested divorce, you have to agree on these issues with your spouse:
If you’re getting divorced without a lawyer in GA, you need to understand the divorce steps, including:
|Completing the divorce forms||The forms you need to complete depend on the county you live in. You can find the papers on your county’s website or your county’s Superior Court.
Check out the specifics for these Georgia counties:
You will also need a marital settlement agreement. To get this document, you’ll have to:
|Filing the paperwork||Once you complete your divorce papers, you will need to file them with the court.
You’ll need to deliver the documents to the Superior Court Clerk in the county where you’ve lived prior to filing the papers
|Serving the papers||After filing the divorce papers, you need to serve (deliver) them to your spouse.
If your spouse wants to make the process easier for both of you, they can sign the Acknowledgement of Service.
In case they don’t, you will need to contact the sheriff's office in your spouse’s county
|Finalizing the divorce||The final step of the divorce process will require you to go to a court hearing.
This step is usually brief for uncontested divorces. The judge will decide whether you’ve met all the conditions for the divorce and then issue the final divorce decree
An uncontested divorce in Georgia doesn’t take long to complete if the defendant responds to the serving on time. If everything goes smoothly, the court will grant a divorce after 31 days from the serving pass.
In case the defendant didn’t respond on time, you will have to wait 46 days. The waiting period could be as long as 61 days if the defendant was served by publication (meaning that the petitioner was issued by the court to post a notice of the divorce in a newspaper).
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- Sign up for DoNotPay
- Select the Divorce Settlement Agreement product
- Answer our chatbot’s simple questions
- Opt for notarization if you want to have your documents notarized without leaving the app
Once you submit your request, we will generate a divorce settlement agreement based on the information you’ve given us. If you chose to have it notarized with DoNotPay, we’ll set you up with an online notary. That way, you can add legal weight to your document from the comfort of your home.
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