If you reside in Georgia and think you are ready to get a divorce but unsure of how to move, follow the next steps to file your divorce petition and get the bureaucratic machine going.
Steps
Step 1. Check if you are eligible to file for divorce
Among the requirements in Georgia for submitting this application there is a requirement that both parties - that is, both you and your spouse - have lived within the state for at least six (6) months. If you are an armed forces employee assigned to a military base in Georgia, you can apply if you have lived there for at least one (1) year.
Step 2. Determine the causes of the divorce
In Georgia, the requesting party is required to state the reasons behind the divorce. When making the decision, keep in mind that you will have to prove to the Court the existence of the cases you have reported. The state gives you the opportunity to identify thirteen (13) types of causes to justify the divorce request. I am:
- Irremediable rupture of marriage. Indeed, this lawsuit is considered to be without a charge of fault in Georgia. It means that one or both parties believe that the marriage is over and that they can no longer live together, remaining married. It is the most common divorce cause in Georgia, as it does not require one party to blame the other for the breakup of the marriage.
- Marriages between persons within forbidden degrees of consanguinity or affinity. It means that the parties are too closely related to marry, as in the case of a first cousin marriage. It is a little used divorce case in Georgia.
- Inability to understand and want at the time of marriage. It means that one or both parties, at the time of contracting marriage, did not have the right to determine their consent to the wedding, as in the case of those under guardianship ordered by the court.
- Impotence or inability to have sexual intercourse at the time of marriage. It is a guilty suit and means that one party was physically unable to have sex when he married the other.
- Force, threats, coercion or deception in order to obtain marriage. To report this cause, the threat or coercion must be of a higher degree than the mere threat of breaking up the relationship in the absence of marriage.
- Pregnancy due to intercourse with another man, at the time of marriage, unknown to her husband. It means that the wife was pregnant during the wedding and that the husband was not aware of the pregnancy or that he was not the father of the unborn child.
- Adultery of one of the parties after marriage.
- Voluntary and protracted abandonment of a part for the duration of one year.
- The conviction of one of the parties for an offense of moral depravity, by virtue of which he is sentenced to imprisonment for a period of two years or more. Moral depravity refers to actions that upset the conscience, such as rape, murder and kidnapping.
- Alcoholism. It means frequent and excessive intake of alcoholic beverages.
- Maltreatment, which consists in intentionally inflicting physical or mental suffering on the other party, and which justifies the fear for one's life, safety or health.
- Incurable mental illness. To be eligible for this divorce case, your spouse must have been found to be mentally ill by a court of law or have received a certificate of insanity from two (2) physicians, been admitted to a psychiatric institution, or undergo specific treatment. for at least two (2) years of mental illness.
- Drug addiction. It occurs when a party makes frequent and excessive use of drugs / medications - legal, illegal, prescription or non-prescription - that cause intoxication.
Step 3. Identify the appropriate court to file your claim
Divorce in Georgia must be filed with the Superior Court of the county where the respondent resides. For example, if you are filing for divorce in Calhoun County while your spouse lives in Baker County, you will need to apply in Baker County. However, if there is a mutual agreement, it is possible to present it in the county of residence of both parties.
Step 4. Get the necessary documents
Check with the county clerk or use these free templates provided by eDivorcePapers. It is not necessary to fill in all forms. If you are unsure or do not know which ones to fill out, ask the clerk of the court. If you have not been able to fill in some of the required ones, the registrar will report the missing ones to you. Among the documents to be presented are:
- Petition for Divorce. It is the document that starts the divorce. The plaintiff is required to present it.
- Domestic Relations Case Filing Information Form. The complainant is required to complete and submit this document which serves as the front page or initial form (in English, “coversheet”) to the Petition of Divorce.
- Marriage Settlement Agreement. If the parties have reached an agreement and wish to avoid going to the hearing, they are required to complete this document.
- Final Judgment and Decree. Both parties will need to file a Final Judgment and Decree form after the court takes note of all evidence and testimony. After that, you will have to wait the necessary time.
- Domestic Relations Case Final Disposition Form. The plaintiff will be required to complete and submit this document with the Final Judgment and Decree.
- Report of Divorce. It is a Department of Health form that must be submitted by both parties when they are filing the Final Judgment and Decree.
Step 5. Complete filling out the documents
Fill them out carefully, by typing or printing with black ink. If you are unsure about the information to enter, please clarify your concerns with the court chancellery, a lawyer or a legal aid office.
Step 6. File your divorce papers in court
For this purpose, it is necessary to have the original documents, copies and pay the tax for presentation at the court chancellery office. Call ahead to make sure you have enough copies for each document and the right information about the tax to pay. You should also inquire about the permitted payment methods. Generally, payment must be made in cash or in certified funds.
Step 7. Provide to inform the other party about the divorce petition
After filing the documents in court, you will need to notify your spouse of the delivery, sending him copies of all the forms presented. In Georgia you can choose from these options:
- Through the sheriff. The Sheriff's Department of the county where your spouse resides can do this for a small fee. Check the exact amount for the payment at the court chancellery or the sheriff's office.
- Using a process server (a legally authorized service for document service). If you prefer, you can use the service provided by a process server to deliver your divorce papers to your spouse.
- Personally. If you agree, you can provide the necessary documents to the counterparty yourself and have a waiver of notice and an acknowledgment of service signed to be presented in court.
