DIY Divorce in Georgia
There are two kinds of divorces under Georgia law: uncontested and contested. An uncontested divorce is one where the parties mutually agree to divorce, and are willing to work together to split up the marital estate. Where your divorce is uncontested, you can attempt to handle it yourself, without an attorney, since you will essentially be submitting a settlement agreement for judicial approval. If the divorce is contested, or involves such matters as child support, custody or alimony, it is advisable to retain an attorney.
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Instructions
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Obtain a petition for divorce. You can obtain a blank copy of the petition in the clerk's office of the Superior Court in the county where you resided when married. You must include in the petition identifying information on you, your spouse and all marital property. Pursuant to the Official Code of Georgia Annotated Section 19-5-5, the petition must include the last known address of the respondent (the spouse you are divorcing), the date of the marriage and date of separation.
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Determine the grounds for divorce. Georgia allows for 13 different grounds for divorce, including mental incapacity, adultery, abuse and coercion. A catch-all provision is contained in Section 19-5-3 (13), under which you can claim the marriage is "irretrievably broken." This is the option to use when you do not want to make any specific allegations.
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Divide the marital assets as you wish with your spouse, and incorporate your arrangement into the proposed settlement agreement. If you are requesting alimony, or if there is marital property to be divided, you must list all properties and incomes. You can also set up an agreed child visitation and support order, which can be incorporated into the final agreement. Once the agreement is completed, it is ready to be notarized. Both spouses must sign and date the document in the presence of a notary.
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File your petition and the attached agreement with the Superior Court in your county. Divorce petition filing fees can vary slightly, but are between $200 to $300 (for instance, in Cobb County, the fee is $218.50 in 2011). The judge will review your petition regarding the agreed divorce, asset allocation and child custody issues and incorporate the terms into a "Final Judgment and Decree" granting divorce. The court will issue the final decree at least 30 days after you filed your petition for divorce, but not sooner.
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Tips & Warnings
Georgia law requires that at least one spouse be a Georgia resident for six months before being able to file for a divorce.
References
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