Your Guide to the Divorce Process
Depending on your specific situation, the steps in the divorce process can quickly become overwhelming and complicated. One of the steps you should prioritize is getting an experienced divorce attorney in Georgia as early as possible in the divorce process. We will assess your situation, ensure you understand all the legal requirements, and safeguard your legal rights. If you have yet to consult a divorce attorney in Georgia, here’s a general guide to the divorce process.
- Preparations to file for divorce
- File your divorce petition
- Serve your petition for divorce
- Settle your divorce case or head to trial
- Secure your divorce decree
Preparations to File for Divorce in Georgia
Ensure you meet the state’s divorce requirements before filling out any paperwork. For instance, you must reside in the state for six months or more before filing or one year if you’re a military spouse or service member in the U.S. Your lawyer will need paperwork to complete the petition, including your marriage certificate, tax filings, bank statements, property deeds, and mortgage documents, among others.
File Your Petition for Divorce
The divorce petition notifies the court about your intention to end your marriage legally. Filing the petition initiates the divorce proceedings. It must include crucial information about your marriage and children (if any), financial disclosures, and any temporary requests for child custody and visitation, child support, alimony, or restraining order. You must file the petition for divorce in the specific county in which your spouse resides.
Serve Your Petition for Divorce
You must serve the petition for divorce to your spouse and file proof of service with the court. The purpose of this is to notify your spouse about the divorce case and give them an opportunity to respond to the petition. Take note that you and your spouse must legally attend a parenting seminar (separately, depending on your situation) after serving the petition if you have minor children.
Settle Your Divorce Case in Georgia or Head to Trial
If the divorce is uncontested, the divorce will move forward seamlessly if both spouses agree on all divorce issues, including property division, alimony, child support, custody, and visitation. You and your spouse must submit your divorce settlement agreement to the court. The judge will grant the divorce if they determine that the settlement is fair for all parties and is in the children's best interest.
If you and your spouse can’t agree on your divorce issues, the divorce will head to trial. Your Georgia divorce attorney will present your case in court. Going to trial will also require more time and preparation, including discovery. The judge will hear and consider the arguments of both parties before deciding on the most appropriate divorce settlement.
Secure Your Divorce Decree
The divorce decree is a court order that ends your marriage. It will include specific information about all your divorce issues and serve as legal proof that you are officially divorced.
Discuss Your Case with Our Experienced Divorce Attorney
Whether you plan on getting a divorce or are in the middle of one and need new legal representation, you can count on our attorneys for guidance. Contact Banks, Stubbs & McFarland online to book a consultation with our divorce attorneys in Georgia.