Marietta, GA Divorce Attorney
How Long Does it Take to Get Divorced in Georgia?
The length of a divorce will heavily be dependent on the couple. For example, if a couple mutually agrees on most terms, the divorce process will go smoothly. If a couple cannot agree on terms, it will have to be settled through mediation or by the court—lengthening the divorce process.
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 will need documentation that shows how much you spend on average for groceries and utility bills.
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 have made for child visitation. Our legal team can help you with the filing process to ensure that it clearly explains your situation.
Residency Requirements for Divorce 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 is a resident must be the one who files for divorce.
Georgia courts will 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.
No-Fault vs. Fault-Based Divorce in Georgia
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 must 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 cannot be resolved.
The pros of no-fault divorces are that they are faster, easier, and often less expensive than at-fault divorces. They also decrease the emotional conflicts between both parties. The con of no-fault divorces is that spouses do not have grounds to argue their defense.
Defenses for fault divorce include the following:
- Adultery
- Desertion
- Violence
- Alcohol addiction
Obtaining a Temporary Court Order During Divorce
If you are 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.
