Georgia Divorce FAQ
While a divorce is probably one of the most painful and confusing processes you are going through, you can take comfort in the fact that you are not alone. Many marriages fail for many different reasons and the most important thing you can do for yourself at this stage is to make certain your legal rights are protected. At The HTW&W Law Office, we want to help you through this difficult time as much as possible, which is why we have created a page dedicated so some of the most common questions our family law firm receives.
What is the first step to the divorce process?
If you are the one seeking a divorce, you are the plaintiff or the petitioner. You must go to your designated Superior Court and file a complaint or petition. This document contains information regarding your marriage such as if you have children together, your marital assets and debts as well as the reason you are seeking a divorce. Once completed, this document will be sent to your spouse either by way of a local sheriff or your spouse may acknowledge receipt by signing a document in front of a notary public.
Will I have to go to court during the divorce process?
The only authority that can grant divorces are the courts. Therefore, they must be involved. Failing to do so will result in the State of Georgia viewing you and your spouse as married and unable to marry again until you are legally divorced.
How long can this process take?
It really depends on you and your spouse’s ability to agree on certain aspects surrounding the pending case. In a perfect world, your case can be over in as little as five weeks after you file for divorce. However, check with your attorney because this amount of time can change. If you and your spouse need to battle out every issue in court, then the process can take months and in some cases years.
What are the reasons I can file for divorce?
In Georgia, you can either file for a no-fault or a fault divorce. The most commonly filed is a no-fault divorce. For a fault divorce, there are 12 grounds.