Spouses should determine their case immediately when filing for divorce in Georgia as the legal process depends on this issue. There are two options: disputed and undisputed.
Differences between contested and uncontested divorce
In an amicable divorce, the spouses agree on all the terms of the separation. However, in a contested divorce, the parties may disagree over child custody, property division, or alimony, or one of the partners may oppose the dissolution of the marriage.
In the first case, the spouses come to an agreement alone or with the help of a mediator. In the second case, a judge decides on divorce issues. This lawful decision is fair, but it doesn’t always satisfy the couple. For example, one of the spouses wanted to keep a house, and the other – a car, but the court can order the sale of the property, dividing the money equally.
The couple gets the final decision faster in an amicable divorce because the court doesn’t need additional hearings to review the evidence. Divorce costs are also reduced.
The consensual divorce process looks like this:
- drafting of papers;
- Spouse reviews and signs the documents;
- judge examines and signs the documents;
- Final Decree.
The controversial divorce proceedings are as follows:
- submission of the petition;
- 30 days to reply;
- case management conference;
- Discovery;
- Negotiation;
- court hearing;
- Final Decree;
- Appeal (If either spouse disagrees with the judge’s decision, they can appeal to a higher court.)
Preparation of divorce papers
Divorce starts with filling out legal forms. Georgia Court may request the following documents:
- lawsuit for divorce;
- Examination;
- Charge;
- Confirmation of Service and Subpoena;
- Agree to Trial 31 Days After Service and Waiver of Right to Trial by Jury;
- Defendant’s affidavit of waiver of venue and personal jurisdiction;
- Comparison;
- Complainant’s financial affidavit of domestic relationships;
- Defendant’s financial affidavit for domestic relations;
- Mandatory seminar reference;
- Final Judgment and Decree; and
- Report of divorce, annulment or dissolution of marriage.
Depending on state requirements and the specifics of the case, the list of required documents may differ.
There are several ways to draw up divorce documents: entrust them to a lawyer, do it yourself or use the services of online divorce societies. But of course everyone chooses the cheapest and fastest way for themselves.
Many people who decide to do a DIY divorce are often confused by different legal forms and make mistakes when filling them out. As a result, couples increasingly began to look for alternative ways to create papers.
Divorce over the Internet allows couples to prepare the necessary legal paperwork for an uncontested separation from the comfort of their own home. Online Divorce is a cost-effective tool and provides paperwork in accordance with Georgia’s latest requirements.
To file for divorce online, spouses just need to log on to the divorce society’s website and complete a survey about their marriage and separation.
One of the main fields of the questionnaire is the reasons for divorce. In Georgia, family law allows for no-fault and no-fault divorces. In order to achieve a no-fault divorce, spouses need to point out that irreconcilable disagreements have destroyed the marriage and the spouses are no longer getting along.
The error complicates the divorce process. The applicant must provide the court with solid evidence of the other spouse’s wrongdoing. E-mails, photos or witness statements can be evidence.
Fault-based grounds for divorce in Georgia are:
- adultery;
- willful and continued desertion for at least one year;
- cruel treatment;
- habitual intoxication or drug addiction;
- Impotence; and
- conviction of a crime.
After the system accepts the entered data, the applicant will receive completed divorce forms online within two business days. If the spouses have commissioned a lawyer to prepare the documents, the waiting time depends on the workload of the specialist lawyer.
After the spouses receive the papers, they should make two copies and check with the district officer about the filing fees.
Divorce filing in Georgia
When applying for an uncontested divorce, a couple files a petition together. Spouses do not have to go to court together. It is enough that the second partner has no objections and immediately signs all the necessary forms.
A contested divorce is a more complex process. The applicant must submit documents to the court and serve them on the respondent according to the court record.
Although caring for a spouse is a mandatory step in filing documents in both cases, in a contested divorce it may be difficult or impossible for the applicant to do so in person. But again, the reasons can vary, ranging from a bad relationship with your soon-to-be ex to a missing spouse.
The applicant can serve their spouse by mail or hire a sheriff. If the applicant does not know the whereabouts of their spouse, they must inform the county officer and obtain permission to publish the notice of divorce in the local newspaper.
Court gives 30 days for spousal service and possible reconciliation in Georgia. But even if the spouses have no claims against each other and agree to a separation, the court will not grant the divorce before the end of the waiting period.
last words
Marriage dissolution doesn’t have to be exhausting and stressful. Spouses can always negotiate and use internet divorce services to cut costs. But sometimes it’s just impossible to get one Divorce without a lawyer. And then you should choose a lawyer carefully.
