How Long Does a Divorce Take in Georgia

May 5, 2023 Amanda

How Long Does a Divorce Take in Georgia

Grounds for Divorce	Minimum Time to Finalize
Uncontested, no minor children	31 days
Uncontested, with minor children	31 days
Contested, no minor children	6 months to several years
Contested, with minor children	6 months to several years

Overview of Divorce in Georgia

If you choose to file for divorce, either party may initiate the process by filing a petition with their local Superior Court. Once filed, the other spouse has 30 days to respond. If there is an agreement between both parties, they can move forward with an uncontested divorce which typically takes less time and money than a contested one. However, if there are disagreements about property division, child custody arrangements or alimony payments these issues will need to be resolved in court.

In Georgia:

The typical timeline for an uncontested divorce is around 31 days after filing;
A contested divorce usually lasts from several months up to years depending on how complex it is;
If you file under fault grounds (for example, adultery), your case could take longer because evidence must be presented in court.

Definition of Divorce

In Georgia, there are 13 grounds for divorce:

Intermarriage within prohibited degrees;
Mental incapacity at time of marriage;
Impotency at time of marriage;
Fraudulent contract (such as marrying for money);
Force or duress in obtaining consent to marry;
Pregnancy unknown to husband at time of marriage if it was not caused by him;>
Adultery during the marriage;Desertion with no intent to return for at least one year before filing for divorce (or longer depending on circumstances);
Habitual intoxication or drug addiction that has been ongoing for a period of two years or more after getting married (with proof required);
Cruel treatment that puts someone’s life in danger or creates unreasonable mental suffering making it impossible to live together as a couple anymore.

Grounds for Divorce in Georgia

If you are considering filing for divorce, it’s important to understand the different grounds available and how they may impact your case. While some couples choose to file under fault grounds, many opt instead for a no-fault divorce as this can be faster and less contentious. However, if there are issues of fault involved, such as adultery or cruel treatment, it may be in your best interest to pursue a fault-based divorce. Ultimately, the decision on what grounds to file for will depend on the specific circumstances of your case and the advice of your attorney.

Types of Divorce in Georgia

Additionally, there are two ways that a couple can obtain a legal separation in Georgia:

Separate Maintenance: Couples who wish to live apart but not get divorced can choose this option. It allows them to legally separate while still being married and make agreements about child support and spousal support outside of court.
Trial Separation: Couples who want some time apart before deciding whether or not to get divorced may opt for a trial separation which does not require any legal action.

Filing for Divorce in Georgia

Once these steps have been taken, the case may proceed as follows:

If it is an uncontested divorce, both parties will sign a settlement agreement which outlines how assets and debts will be divided. If there are children involved, custody arrangements and child support payments will also be included here. Once this agreement has been signed by both parties it is submitted to a judge for approval.
In cases where one party contests some aspect of the divorce proceedings (such as property division or custody), a hearing may be scheduled before a judge who will make decisions regarding these issues based on evidence presented.
After all issues have been resolved either through settlement agreement or court order, final papers will be filed with the court making everything official.

Residency Requirements

If you are considering filing for divorce but are unsure about whether you meet these requirements, it’s always best to consult with an experienced family law attorney who can guide you through the process. In addition to meeting residency requirements, there may be other factors that impact your case such as prenuptial agreements or shared property ownership which require legal assistance to navigate.

Filing for Divorce

The cost of filing for divorce varies depending on whether it is contested or uncontested. An uncontested divorce typically costs less because both parties agree on all terms such as property division, child support and custody arrangements. A contested divorce often requires more legal fees due to negotiations between attorneys and court hearings.

You may want to consider consulting with an attorney who specializes in family law before filing for divorce. An experienced attorney can help guide you through this process while protecting your legal rights.

Serving Divorce Papers

Serving divorce papers is an important step in the divorce process as it ensures that both parties are aware of the pending legal action against them. It also gives your spouse an opportunity to respond within 30 days after being served with the papers.

Response to Divorce Petition

Uncontested Divorce: If both parties agree on all issues related to property division, child custody arrangements and alimony payments (if applicable), they may be able to proceed with an uncontested divorce. This option is typically faster and less expensive than going through a contested divorce.
Mediation: In some cases where there are disagreements between spouses but they want to avoid a court battle, mediation may be recommended. A neutral third party will work with both parties to help them come to an agreement on key issues.
Contested Divorce: If spouses cannot reach an agreement on one or more of the key issues involved in their case (property division, child custody arrangements or alimony payments), then it will need to go before a judge who will make decisions for them.

In any scenario, it’s essential that you consult with an experienced family law attorney who can guide you through the process of responding to your spouse’s petition and ensure that your rights are protected throughout the proceedings.

Timeline for Divorce in Georgia

If you’re considering filing for divorce in Georgia, it’s important to understand that every case is unique and there’s no one-size-fits-all answer regarding how long it will take. Speaking with an experienced family law attorney can help you get a better idea of what your specific timeline might look like based on your individual circumstances.

Uncontested Divorce

To pursue an uncontested divorce in Georgia:

Both spouses must agree on all terms of the divorce;
The couple must complete a settlement agreement that outlines how they will divide assets and debts;
If there are children involved, the couple must also submit a parenting plan detailing how custody and visitation will be handled;
The couple can then file their paperwork with the court system.

If everything is in order, an uncontested divorce can usually be finalized within 31 days after filing. However, if there are any issues that cannot be resolved through negotiation or mediation (such as disputes over property), the case may need to go to trial which would delay finalization.

Timeline for Uncontested Divorce

The amount of time this process takes can vary depending on factors such as how quickly both parties are able to reach an agreement and how busy your local court system is. However, in general an uncontested divorce in Georgia can take around 31 days from filing until finalized if everything goes smoothly.

Requirements for Uncontested Divorce

The couple must have lived separately and apart for at least 30 days before filing;
There must be no children involved or the couple has already reached a custody agreement;
Both spouses must sign a settlement agreement detailing how property will be divided and any alimony payments;
The defendant (spouse who did not file) waives the right to respond or attend court hearings.

An uncontested divorce is typically faster and less expensive than a contested one. However, it’s important to remember that even if you meet all of the requirements listed above, you should still consult with an attorney before proceeding with your case. An experienced family law attorney can help ensure that your rights are protected throughout the process and that all necessary paperwork is filed correctly.

Contested Divorce

If you find yourself facing a contested divorce, it’s important to seek out experienced legal counsel who can help guide you through the complex process of preparing your case for trial. Your attorney can work with you to develop strategies that may lead to an acceptable settlement outside of court or present evidence and arguments that are persuasive in front of a judge if necessary.

Timeline for Contested Divorce

The length of time it takes to complete this process depends largely on how many disputed issues need resolution. If both parties can come to an agreement out of court then they can avoid this long timeline altogether. However if there are significant disagreements that cannot be resolved easily then it could take several months up-to-years for your case to reach its final conclusion.

Requirements for Contested Divorce

In addition to these requirements, there may also be other issues that arise during the course of your case which could impact how long it takes to finalize your divorce. For example:

If there are disputes over child custody or support arrangements;
If one party is seeking alimony payments from the other;
If there are complex property division issues involved such as businesses or real estate holdings.

All these factors can cause significant delays in reaching a final resolution and therefore increase the overall time frame for obtaining a finalized decree. It’s important to discuss any concerns or questions about contested divorces with an experienced attorney who can provide guidance throughout every step of this difficult process.

Factors That Can Affect the Length of Divorce Proceedings

In addition to these factors, there are other things that can slow down divorce proceedings. For example:

If one party refuses to sign documents or show up for court hearings;
If one party requests frequent continuances (postponements);
If there is any dispute about service (the legal method used for notifying someone that they are being sued).

Overall, while some divorces may be resolved relatively quickly with minimal conflict, others may drag on for months or even years depending on various circumstances. It’s important to work closely with an experienced attorney who can help guide you through each step of the process and ensure that your rights and interests are protected at all times.

Disputes Over Child Custody

If you and your spouse cannot agree on a custody arrangement, a judge will make a determination based on what they believe is in the best interests of the child. To help with this process, both parents may be required to attend mediation to attempt to reach an agreement outside of court. If no agreement can be reached, then a trial will take place where each parent presents their case and evidence.

Factors considered by judges in determining child custody include:

The emotional bond between each parent and the child;
The mental and physical health of each parent;
The ability of each parent to provide for the needs of the child (including financial stability);
The current living situation (such as school district) for each parent;

Disputes Over Division of Assets

One of the most common issues in a divorce is how to divide assets between spouses. Georgia law requires that all marital property be divided equitably, which means fairly but not necessarily equally.

If you and your spouse are unable to come to an agreement on how to divide your assets, the court may step in and make decisions for you. This can lead to a longer and more expensive legal process, so it’s often best if both parties can work together with their attorneys to reach an agreement outside of court.

Marital property includes:

Homes or other real estate;
Cars and vehicles;
Furniture, appliances, and other household items;>
Jewelry and other personal possessions;
Savings accounts, retirement funds, stocks, bonds or any investments made during marriage.

Disputes Over Alimony

If you are facing disputes over alimony in your divorce case, it’s important to have an experienced attorney on your side who can help protect your rights and interests. Your lawyer will work with you to gather evidence that supports your claim for alimony payments while negotiating with your former spouse’s legal team. If no agreement can be reached through mediation or negotiation, then a judge will decide how much should be paid based on factors such as each person’s income, assets and contributions during the marriage.

Delays Caused by Court Scheduling

In addition to the time it takes to resolve issues related to property division, child custody arrangements or alimony payments, delays can also be caused by court scheduling. Depending on the caseload of your local Superior Court and the availability of judges, it may take several months for your case to be heard. This is especially true if you have a contested divorce that requires a trial.

Here are some factors that can affect how long it will take for your divorce case to be scheduled:

The complexity of your case;
The number of cases currently pending in court;
The availability of judges who are qualified and willing to hear family law cases;
Whether any temporary orders need to be issued before trial (such as spousal support);
Whether there is an appeal filed after the initial decision.

Tips for Speeding Up the Divorce Process in Georgia

Hire an experienced attorney who is familiar with the local court system;
Stay organized and keep all relevant paperwork together;
Avoid unnecessary delays by being responsive to your attorney’s requests for information or documentation;
If possible, try to work out as many issues as you can with your spouse before going to court;
Consider mediation or arbitration instead of going straight to trial (if appropriate);
Be realistic about what you want from the divorce and don’t waste time fighting over minor details.

By following these tips and working closely with your attorney, you may be able to resolve your divorce more quickly and move on with your life.

Choosing an Experienced Divorce Attorney

Keep in mind that not all attorneys are created equal – some may be more aggressive while others take a more collaborative approach. It’s important to find someone whose style meshes well with yours so that they can effectively represent your interests.

In addition to finding an experienced divorce attorney, it’s also helpful to look for someone who is familiar with local courts and judges as this can give them an edge when it comes time to negotiate or argue on your behalf. Many lawyers offer free consultations which can be a good opportunity to ask questions and get a feel for whether they would be a good fit for you.

Being Prepared for Court Hearings

It’s important to note that every divorce case is unique, so there may be additional steps required based on your individual situation. Consulting with an experienced family law attorney can also help ensure that you are fully prepared for any hearings or legal proceedings throughout the divorce process.

Cooperating with Your Spouse

If you find that cooperation is simply not possible due to factors such as abuse or extreme hostility, it’s important to seek legal advice from an experienced attorney who can guide you through the process. In some cases, mediation or other forms of alternative dispute resolution may be helpful in reaching an agreement outside of court.

Avoiding Unnecessary Disputes

Consider mediation: Mediation can help you work out your differences with your spouse without having to go to court. A neutral third party will help facilitate discussions between you and your spouse.
Stay organized: Keeping all documents related to the divorce organized will save time, money, and headaches later on.
Avoid social media: Posting about the divorce on social media platforms can lead to misunderstandings or unintended consequences. Avoid discussing anything related to the case online.

If you have children, it’s also essential that you put their needs first. Work together with your spouse (if possible) to create a parenting plan that addresses issues such as custody, visitation, child support payments etc. While it may be difficult at times, keeping communication lines open with your ex-spouse can also make things easier for everyone involved in the long run.

Conclusion and Additional Resources

If you are considering filing for divorce in Georgia, there are many resources available to help you navigate the process:

The State Bar of Georgia offers a Lawyer Referral Service that can connect you with an attorney experienced in family law;
The Georgia Courts website provides information on how to file for divorce and what forms are needed;
Local legal aid organizations may offer free or reduced-cost legal services for those who qualify based on income.

Remember that every divorce case is unique and there is no one-size-fits-all solution. It’s important to work closely with your attorney and take advantage of all available resources to ensure the best possible outcome for your individual circumstances.

FAQ on ‘How Long Does a Divorce Take in Georgia’

Q: What factors can affect how long a divorce takes?

A: The complexity of the case, level of conflict between parties, and availability of court resources can all impact the length of time it takes to complete a divorce in Georgia.

Q: Can I speed up the process of getting divorced in Georgia?

A: While there is no guaranteed way to expedite a divorce in Georgia, working collaboratively with your spouse and hiring an experienced attorney can help move the process along more smoothly.

Q: Is there a waiting period before filing for divorce in Georgia?

A: No, there is no mandatory waiting period before filing for divorce in Georgia. However, you must have been a resident of the state for at least six months before filing.

Q: What happens if my spouse contests our divorce?

A: If your spouse contests the divorce, it may take longer to finalize as additional legal steps and court proceedings will likely be necessary.