Everything You Need to Know About Divorce in Georgia

Filing for divorce is an overwhelming process. There are so many things a person needs to know to achieve the desired outcome in their divorce. For such reasons, spouses need to stay informed about everything that can affect their case. The Atlanta divorce attorneys at Warner Bates have put together valuable information you should know if you’re getting divorced in Georgia.

First Steps to Take When Getting Divorced

One of the first things you should do when getting divorced gather important documentation. Make copies and safely store documents like tax returns, mortgage documents, deeds, bankruptcy petitions, and all other documents related to joint finances. You should also start keeping a monthly budget. This is helpful when you present your case to court because you’ll need documentation that shows how much you spend on average for groceries and utility bills.

Divorce can quickly become a long and difficult process if you don’t have legal guidance. One of the first things you should do is have strong legal representation on your side. The Atlanta divorce lawyers are dedicated to helping people get through divorce and helping them achieve their desired outcome. If you need assistance with your divorce, our team is always ready to help.

How Do I File for Divorce in Georgia?

Divorces are filed in the Superior Court and can take months or even years for it to be granted, depending on the complexity your case is. To file for a divorce, you should write a petition that describes your current living situation. The petition should state your shared assets, debts, and any arrangements you’ve made for child visitation. Our legal team can help you with the filing process to ensure that it clearly explains your situation.

Requirements for All Divorces in Georgia

To get divorced in the state of Georgia, one of the spouses needs to be a resident of the state. The residency requirement before filing for divorce is six months. The spouse that’s a resident must be the one who files for divorce.

Georgia courts won’t grant a divorce in less than 30 days after the divorce papers to the non-filing spouse. So, the spouse that filed for divorce is required to wait, even if both parties agreed to get divorced sooner.

Requirements for No-Fault Divorce

No-fault divorce is when a couple shows the court that there has been an “irretrievable breakdown” in the marriage. This means that neither party has to prove that one of them is at fault for the marriage’s failure. Most couples file for no-fault divorce because the process is typically faster. Couples must show that there is a substantial incompatibility between the spouses and that issues can’t be resolved.

The pros of no-fault divorces are that they are faster, easier, and often times less expensive than at-fault divorces. They also decrease the emotional conflicts between both parties. The con of no-fault divorces is that spouses don’t have grounds to argue their defense.

Defenses for fault divorce include the following:

  • Adultery
  • Desertion
  • Violence
  • Alcohol addiction

How Long Does it Take to Get Divorced in Georgia?

The length of a divorce will heavily dependent on the couple. For example, if a couple mutually agrees on most terms, the divorce process will go smoothly. If a couple can’t agree on terms, it will have to be settled through mediation or by the court—lengthening the divorce process.

Getting a Temporary Court Order

If you’re concerned about the other spouse selling assets without your knowledge, or you foresee visitation issues, you can get a temporary court order. A temporary court order will create regulations to ease the divorce process while keeping both spouses in mind.

Call Our Atlanta Divorce Attorneys Today!

If you’re getting divorced in Georgia, you need a divorce lawyer who can guide you through this complex and overwhelming process. At Warner Bates, our legal team is highly knowledgeable and experienced in all family law issues. For over 40 years, we’ve helped clients in Georgia through complex and challenging family law cases. We can assist you from the beginning stages to help you achieve your desired outcome. You don’t have to go through your divorce alone.

Give our Atlanta divorce lawyers a call today at (770) 766-8148 for a consultation!