Do I Have to Be Present in Georgia for a Divorce?

Divorce laws vary from state to state.

If the Divorce is Uncontested

All Georgia divorces go to trial, but you may not need to be present.

If your divorce is uncontested--meaning you and your spouse agree to all the terms--you do not need to be present in court for a Georgia divorce. The agreed-upon terms will be presented in court as a settlement and made an order of the court.

If the Divorce is Contested

The State Bar of Georgia recommends working with a lawyer in contested divorces.

If your divorce is contested--meaning that you and your spouse do not agree on all terms--then you should appear in court. If there is any disagreement as to child custody, division of property or any other terms of the settlement, these will be heard during the trial phase of your divorce. You will need to be present in order to make your arguments or present evidence.

Bottom Line

Your specific circumstances will guide your ultimate choice.

While it is not legally required that you appear in court for a divorce in Georgia, it is advisable if your divorce is contested. If you and your spouse are able to agree on all terms of the divorce before the trial date, you do not need to appear in court.

References

• State Bar of Georgia: Divorce