Georgia divorce details
Uncontested vs Contested Divorce in Georgia
On the one hand, an Uncontested Divorce is a marriage cancellation with no claims. Both partners choose not to argue with each other, and also they try to negotiate for the better separate future. On the other hand, the Contested Divorce is a completely different case. The couple fails to settle the situation and needs the help from the attorney or the mediator, who will have an opportunity to solve all the matters of an argument.
Here are some more drawbacks that might persuade you not to begin the so-called battle with your ex-spouse:
The cost of the Contested Divorce is far higher than for the Uncontested one.
In Georgia, the fee fluctuates from $2000 and more, while the middle price for the Uncontested divorce is $900.
The Contested Divorce is longer. It involves such issues as:
The entry of temporary orders
The status conference
The discovery and depositions
The trial procedure
The Contested Divorce, anyway, needs the help of the third independent person, who will be responsible for the accurate rights and liabilities of both spouses.
As a consequence, you will lose lots of money and time. It is wiser to return to the Uncontested Divorce if possible.
Uncontested Divorce in Georgia
As we have already put down, this type of the divorce is the most preferable among all other types. Firstly, you need to know the grounds for the Uncontested Divorce.
Grounds for the Uncontested Divorce in Georgia
- The adultery
- The imprisonment of over 2 years of one of the spouses
- The alcoholism and/or drug addiction
- The incurable insanity
- The mental illness
- The cruel treatment towards one of the spouses
- The constant drunkenness;
- The incest
All these grounds are valuable in the State of Georgia. The Superior Court has to take into consideration all the small peculiarities of your case.
As a rule, the Uncontested Divorce is not such a painful procedure for both spouses, because even if the offense was definitely present in the relations, nobody will reveal the real problem or put a blame on one of the spouses. It considerably simplifies all the divorce proceeding.
Georgia Residency Requirements to file for the divorce
Predominantly, the divorce type that is especially popular in Georgia is a No-Fault one. According to the Georgia legislation, the divorce proceedings can be completed only if you have been living for at least six months in the State of Georgi.You have to file for the divorce in your particular country where you got married. If you married in one county and want to divorce in another one, you have to ask the Superior Court for the official permission. Moreover, you should show the court the original document of your Marriage Certificate, not a copy.
It is a remarkable fact, that after both you and your spouse file for the divorce proceeding, you can leave for every place you want within the borders of your state until the documents are ready. Moreover, you do not need to point out your address in the papers for the Court. If you want to change a number of the house or the street, the Superior Court will not forbid you to do it.
How to file for an Uncontested Divorce in Georgia?
To file for the divorce process accurately, you need to follow the further steps:
- Provide the Court with the special Petition for the marriage cancellation.
- Grant your spouse all the forms and documentation for the court. You can do it both via post and email, or give him/her all the forms personally.
- Give the Superior Court with the extra facts about your marriage, such as:
- The common debts
- The property division
- The child support
- The spousal support
Deal with the Marital Agreement
Wait for the Final Judgement
For sure, all these procedures are highly required by the court, but since you have an individual case, the procedure can vary. In case you are not sure of the future actions, regarding the filing procedure, we would be happy to answer every single question of yours.
DIY Divorce in Georgia
Do It Yourself Divorce (DIY) stipulates the fact of filing all the papers without the attorney’s help. This process is rather controversial and has its pros and cons.
The pros are:
- A cheap divorce without any additional fees
- A self-dependence (only you are responsible for the process)
The cons are:
- A risk of making a mistake in documentation filing
- The court can reject your documents
- You might not know all the nuances of your county court and can misunderstand something
DIY is a pretty good choice if you want to apply for the online divorce website for the help. What is the online divorce? We will comprehend it together a little bit later.
How much does an Uncontested Divorce cost in Georgia?
The Uncontested Divorce will cost you approximately $4000 including all the expenditures. If you choose to hire the attorney, you can pay even more. If you decide to implement all the deals by yourself, you will pay slightly less. For instance, $900. The exact and staged plan of all your divorce actions will save your time, and that is no less important for you. It is money.
The spouse, serving with the needed documents, will also consume a particular sum of money. He/she can use the help of the Sheriff who can commit this procedure. In Georgia, it costs at least $100-$200.
How Long Does It Take to Get Divorced in Georgia?
In general, the Uncontested divorce in Georgia lasts from 1 till 6 months. Due to different factors and court stipulation, the waiting period can vary as well. The Contested divorce, as everybody knows, is longer. The term may is much longer. It can last 1 year or even more, according to Georgia legislation. Now it is a high time to speak about the forms and Documents you will likely need for the Uncontested Divorce.
If you order the preparation of the documents online, you will save thousands of dollars just because there is no risk of a mistake and you will get 100% approval by the court.
Papers and Documents You Need to Get a Divorce in Georgia
- Domestic Relations Filing Information Form (GA-813D)
- Petition for Divorce (GA-803D)
- Verification (GA-805D)
- Non-Military Affidavit (GA-806D)
- Acknowledgment of Service (GA-807)
- Acknowledgment of Service/Waiver of Issue (GA-808D)
- Separation Agreement (GA-810D)
- Consent to Trial 31 days After Service (GA-812D)
- Final Judgement and Decree (GA-810D)
- Domestic Relations Case Final Disposition Information Form (GA-819D)
- Domestic Relations Financial Affidavit (GA-820D)
- Motion for Judgements on the Pleadings (GA-821D)
- Report for Divorce, Annulment or Dissolution of Marriage (GA-824D)
In Georgia, the Supreme Court requires all these forms, but it doesn’t mean, that especially your case demands all of them. Sometimes in the counties, you need more different documents, but firstly you should make it clear for yourself.
How to serve your spouse in Georgia
Spouse serving is a very serious deal in the whole divorce procedure. As you are a divorce initiator, you need to supply your spouse with every single document. It is for your convenience. You have to make at least two copies of all required documents and send them to your spouse. Make sure that he/she will receive them. If you are willing to provide your spouse with the forms personally, it will be perfect for being sure that everything is under the control.
Online Divorce in Georgia
Finally, we got to the point of the online divorce. Let us explain to you the whole process itself. The online divorce procedure makes your divorce far easier. You just click on the online divorce website, find the forms for individually your case, order their processing, print the completed documents and file with the court. Unfortunately, you cannot send the papers to the court by email, but the half of the job is already done! You do not need to employ the attorney, pay him an extra fee, etc.
All our documents are 100% approved by the court. A number of lawyers constantly recommend us, so you can fully trust our experience.
Rules for child support in Georgia
No matter how, but parents are responsible for their children wellness. It doesn't matter whether they live together or separately. If you finally divorce, you need to take care of the child/children equally, of course, if possible. The court calculates the percentage of the common income of both parents and the parts that should be paid monthly on the child’s account. If parents have troubles with health, work conditions or else, they need to provide the court with the valid documents proving their disability to pay the particular sum of money.
If one of the parents doesn’t want to pay money for several reasons, the court will definitely study all the given documents and certifications and only after that will announce a Final Decision.
According to the child visitation, both parents have equal rights to visit the child if there are no restrictions, put out by the court.
In any case, the child will not suffer from the parents’ mistakes and current problems. Since 2007, the government implemented a set of new rules, regarding which there is a harsh punishment for those parents who try to deceive the court or to omit child support issues.
Rules for spousal support in Georgia
There are some aspects influencing on the spousal support, such as:
- The disability of one spouse
- The marriage term
- The place of child/children living, who they live with
- The health state of both spouses
The spousal support is a rather individual deal, and you should previously discuss it with your spouse and only after that go to the court. It will save a lot of time of misunderstandings.
Division of property in Georgia
The property division is extremely essential for both spouses, it can take some time to understand all the items of this proceeding. The very task of the court is to make it as fair as possible. There are some factors that generate the property division procedure. Here they are:
- The term of living in the legal marriage
- The possibility to earn of each spouse
- The education of both spouses
- The income of both spouses
- The health state of each spouse
- Debts, tax rate and separate property of both spouses
The marital property involves all the things bought together in the legal marriage. If one spouse claims that the property belongs to him/her without any obvious provings, the court of Georgia will not take such a fact into account.
If the property is mixed (both the marital and the separate), the Court needs to check some other documents, assuring the truth of the spouse’s evidence.
Divorce Mediation in Georgia
The mediation is a special negotiation, in which the independent person takes part. The Superior Court allows each spouse to have a lawyer to help with the divorce procedure. The mediation process has its following steps:
- A couple goes to the mediation hearing for the first time to discuss disputable issues
- The mediation procedure takes place at the attorney presence
- If the couple finally reaches the agreement, the lawyer signs a settlement on the terms of each spouse
In case of the Contested Divorce, the Superior Court will not accept the documents for the divorce without the mediation process.
How to divorce a missing spouse in Georgia
Sometimes you can not send the documents to your spouse just because you are not able to find him/her. It is called that the spouse is missing. Firstly, you should try to find your spouse by yourself. Ask his/her friends about his/her possible location, ask the police to find your spouse. If all the attempts fail, you will help form the courtside.
Through the Service by Publication, you should put a Petition to find your missing spouse. The Court will allow the Publication in the local newspapers to find the missed spouse only if you have the evidence of his/her absence.
In Georgia, you should fulfill such actions to find a missed spouse:
- Look for the spouse wherever he/she can be
- Look for the relatives and friends of the missed spouse
- Look for the phone number of the missing spouse
- Phone the police officer in your county about your spouse missing
If at least everything fails, and you cannot find your spouse, the court will give you the divorce without him/her. You should have a consultation before you file with the court without your missed spouse.
The Default Divorce in Georgia
The Default Divorce is a legal marriage finishing by the Superior Court. A Default Divorce happens if your spouse disagrees to solve all the issues amicably. The couple had already made several mediation procedures, but unfortunately, no one of them was successful. According to the Georgia legislation, a marriage is completed when the court puts out a Final Judgment and a Decree (Certificate of a Marriage Dissolution). In Georgia, the Default Divorce includes a stipulated waiting period, approximately six months before the deal will be finished.
Grounds for the Default Divorce in Georgia
Traditionally, the Grounds for the Default Divorce are as follows:
- Each spouse had a husband or wife living at the meantime of the marriage from which the divorce emerged
- The impracticable absence of the spouse for the term of at least 1 year
- The adultery
- The extraordinary violence or cruelty
- The deceitful contract
- The absence of must-have duties
- The excessive drinking
- The imprisonment of each spouse in a state or federal correctional institution at the same time of filling out the Petition
- The culture/Religion/Disease issues
- The Criminal Conviction
- The financial Backing
All these grounds are discussed in the Superior Court in details before you get the Final Decree. The Petitioner must prove all the evidence and the divorce grounds in the court. All these grounds implicate the Default Divorce Process with some extra money. However, the first reason for getting the Default Divorce is silence in response to your Petition from your spouse side. In the State of Georgia, the estimated cost of the Default marriage termination is $14,000.
Annulment of the marriage in Georgia
In Georgia, the annulment procedure has the same rights as a divorce process. If you want to annul your current marriage, you have to grant a Petition of the marriage termination to the Court. In Georgia, the result of the annulment is that the couple is considered not to have the marriage at all.
Georgia court fairly divides a couple’s common property and debts when they agree with an annulment process.
The grounds for the annulment of the marriage can be such as:
- One spouse was mentally ill at the time of the marriage
- One spouse was not 18 years old at the time of the marriage
- The marriage was fraud
- The marriage is between people of the same gender since Georgia does not allow the same-sex marriage
- The spouses are blood relatives
Legal Separation in Georgia
The Georgia State does not permit a legal separation. In Georgia, legal separation means that the spouses just do not have the marital relations. Anytime the spouses can start to live separately and, in such a case, they do not need to go to the court and begin the legal divorce. The spouses can sign the Separation Agreement, where they can agree on the property division, child custody, etc. Anyway, the court also does not recognize such an Agreement to be a legal one.
The Same-Sex Divorce in Georgia
In Georgia, for a long time there was no possibility to get the same-sex marriage or divorce, but now, finally, they are absolutely legal. The same-sex couples have the same rights as the traditional, heterosexual couples. The divorce proceeding involves the same steps and terms. Nothing special. Regarding the child custody, we can admit that the children born in such a family also have the same as other children. Both parents should care for them and visit them regularly.
Military Divorce in Georgia
In Georgia, the military divorce is absolutely similar to the civil one. Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Georgia court, the divorce proceedings can be put out for the time the active service member is on duty and for up to 60 days after it. It happens because of the spouse absence in the particular county. Even if the military spouse is also willing to terminate the marriage, the conditions can be different. You should serve the military spouse with all the divorce documentation personally or via post or email. If you cannot do it due to some reasons, you have to put a claim to the court and ask for the help.
How to divorce a spouse in a jail in Georgia
If your spouse is in jail now, and you want to get a divorce, you have to notify the court of this deal. You can send the Petition of the divorce right to the jail and wait for the reply. The No-Fault Divorce with the spouse in jail is the same procedure as the regular divorce case. You have to be sure about the disposition of the jail, the conviction of your spouse and specifications of it.
Divorce filing fee
In Georgia, if you decide to have an Uncontested Divorce, you will pay approximately $2000. Everything depends on the case, expenses, cost of the lawyer, etc. If you order the preparation of the documents online, you will pay just $250-200 for the case. It is worth discussing, as you can understand. The divorce process with children will also fluctuate in price, but not significantly. You have to think over the whole case to decide on your tiny peculiarities of the divorce.
Can a fee be waived?
In Georgia, the fee for the divorce may be waived.
You should get a Sheet on Waiver of the Superior Court Fees, fill out all the papers, online or by yourself, sign the Request to Waive Court Fees (Form FW-001) under penalty, obtain the Forms required at the Georgia Court, make at least 2 copies of the forms about the Waiver, and finally go to the court with the documents for the Waiver.
How we can help
We do understand the importance of the event you have now. The divorce is a really wicked game, and we have only one advice for you that will definitely help. Be attentive and accurate in your answers and questions when you apply to the court. Try to have an agreement with your spouse.
We will help you with all the documentation online, you will get a 100% court approval, and you will be prepared for the Final Judgment. We are always on hand to help!
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