- In Georgia, at least one of the spouses must have been a legal resident of the state for the six months prior to filing for divorce. Having been married in Georgia is not a requirement. The proper court to file in is the local circuit court in the county where either spouse who meets the residence requirement lives. Georgia offers both fault and no-fault divorce. Divorce because a marriage is "irretrievably broken" is the most common, because no specific reasons have to be made public. Divorce is still also available in Georgia for a variety of specific reasons including adultery, desertion, mental incapacity at the time of marriage, inability to consummate (impotence), coercion or fraud in entering the marriage, conviction and imprisonment for serious crimes, cruel treatment, drug addiction or mental illness.
- The document that begins the divorce process is called a petition, and in most counties it is likely a document you will have to draft. According to the Georgia Code, the petition must include the last known address of your spouse (the respondent), an affirmation that you meet the residency requirements, the date of the marriage and date of the separation (if applicable), whether or not you or your spouse have any minor children (include their names and ages), the ground for divorce, whether alimony or child support is sought, and whether division of property is involved. The petition must be filed with the county court and served on your spouse by either sheriff or professional process server, either of which you must arrange.
- In a contested divorce, a respondent spouse has the right to receive a detailed statement of the facts supporting the grounds for divorce, which is partly why do-it-yourself divorce is only recommended when the divorce is uncontested. Some county circuit courts will grant an uncontested divorce without a hearing. Others require a formal hearing at which all parties involved must attend. In any case, a final divorce decree will not be issued less than 30 days from the date of filing the petition. Assuming you and your spouse agree on the terms of the divorce, you can use this time to put them in writing in the form of a Marital Settlement Agreement, a necessary document for divorce. The written agreement should conform to the terms in the divorce petition, but spell out in detail how the debts and assets of the marriage are to be separated, how child custody is to be handled, and what if any alimony or child support will be paid. With the settlement agreement filed, the petitioner must appear in court to sign the final decree of divorce.
