What Is the Divorce Process in GA?

The divorce process in Georgia involves filing for divorce, serving the other spouse with the divorce papers, negotiating the terms of your divorce, and finalizing the matter, but there is – of course – a lot more to it than this. Divorce is a complicated legal matter, and because the results will directly affect your rights as a parent and your finances, having an experienced Norcross divorce attorney on your side from the start is in your best interest.

Step One: Consult with a Dedicated Divorce Attorney

If you haven’t already been served with divorce papers, the most important first step you can take toward divorce is consulting with a seasoned divorce attorney. If you have been served, the matter is even more critical. Your attorney will help with all the following primary tasks, each of which serves an important role in guiding your divorce forward toward a favorable resolution:

  • Helping you better understand the divorce process in Georgia so you can make the right decisions for you and your children along the way
  • Helping you strategize your next best steps to ensure your divorce heads in the right direction from the start
  • Helping you prioritize your divorce goals, which can arm you with considerable leverage when it comes to the term negotiation process

Step Two: File and Serve

The next step is filing for divorce, and there are pros and cons to both positions – filing first or waiting for your spouse to file. If you have made the difficult decision that you need a divorce, however, the best path forward is taking the steps necessary to get there, which means filing. You’ll file your divorce complaint and all accompanying documents with the Superior Court clerk’s office in the county where your spouse lives. While Georgia does offer fault-based divorce, most cases are filed on the grounds of the marriage being irretrievably broken, which amounts to no-fault divorce. From here, you’ll need to have your spouse served with the papers you’ve filed or have them sign an acknowledgement of service that they have received the paperwork you’ve given them.

Step Three: Negotiate Terms and Finalize

Your divorce will be specific to your relationship and your family, but it involves negotiating the same terms that every divorcing couple faces, including:

If you’re able to resolve each of these between yourselves – with the focused guidance of your respective divorce attorneys – you can finalize your uncontested divorce with the court. If not, your contested divorce will proceed to court, where the judge will make the remaining determinations in accordance with state law.

It’s Time to Consult with an Experienced Norcross Divorce Attorney

If you are ready to begin the divorce process or have already been served, the practiced divorce attorneys at Banks, Stubbs & McFarland – proudly serving Norcross, Georgia – have experience and legal insight that leave them well-positioned to help you obtain favorable terms. Learn more by contacting or calling us at 770-887-1209 today.