Do It Yourself Legal Divorce in Georgia
In Georgia, courts recognize common law marriages, so even if you did not involve a court to enter the arrangement, you will need a court to dissolve it. Divorce proceedings can be complicated, especially if the divorce is contested or if spouses do not agree upon the division of assets and custody of children. But you can handle your own divorce if you are willing to file the required paperwork and negotiate with your spouse without the assistance of counsel. Georgia law mandates a 30-day waiting period (120 days if you have children) after divorce pleadings are initiated before a hearing is granted.
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Instructions
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Establish jurisdiction. In the state of Georgia, either you or your spouse must be a legal resident for at least six months prior to filing for divorce. Even if your marriage license was granted by the state of Georgia, you must demonstrate current residency. Further, you must file in the court of the city or county in which you or your spouse resides. If you and your spouse reside in separate cities or counties (and have for at least six months), then jurisdiction is proper in either.
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Establish the grounds for divorce. In the petition that you file, you must indicate the grounds for the divorce. Georgia awards "fault" and "no-fault" divorce. A fault divorce is awarded in circumstances such as a spouse cheating or desertion, while a no-fault divorce is awarded for no specific reasons. If you do not want the details of the separation to be made public, then you can file for a no-fault divorce, although this will impact your claim to custody and assets.
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Draft a petition for divorce. Georgia law requires that the petition include the last known address of the spouse from whom you are seeking divorce, affirmation that residency requirements have been met, marriage date and separation date (if you have been separated). The petition must also indicate if you are seeking alimony, child support or other relief and whether division of property will need to be settled. If custody is at issue, you must list the names and ages of all children shared with your spouse. If you need help drafting the petition, visit your county clerk office. The clerk of the court will provide you with a petition for divorce form.
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File the petition in the county court in which you or your spouse resides and have the petition served upon your spouse within 30 days. When you file, you have the option of requesting service for an additional fee. In Georgia, local law enforcement (sheriff's offices) serve documents on behalf of the court. If you do not request service at the time of filing, then you must independently hire a process server to serve your spouse and see that a return of service (document verifying service) is filed with the court within 30 days.
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Wait for your spouse to file a response if the divorce is contested or if there is disagreement on the division of assets or the custody of children. Once your spouse files responsive pleadings, the court will schedule a formal hearing which you and your spouse must attend.
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Attend the hearing to allow the judge to decide upon settlement details or meet privately with your spouse and come to terms on the divorce, division of assets and custody. If you and your spouse are able to find an arrangement before the hearing, then put the details of the arrangement in a formal document, called a Marital Settlement Agreement. (You can visit the clerk's office for a sample form). This settlement agreement should list in detail how all debts and assets will be divided, how custody will be arranged and how any other matters will be handled. Each party must sign the document in the presence of a notary.
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Sign the final divorce order, which will be made available at the time of the hearing. Whether or not you and your spouse agree to a Martial Settlement Agreement, you must each attend a hearing for the finalization of the divorce.
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References
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