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How to file for divorce in Georgia

On Behalf of | Jun 15, 2023 | Divorce |

Like every state, Georgia has specific laws for how one must file for divorce. Choosing to divorce is usually not an easy decision, but sometimes it is the right one for everyone involved. Those who wish to file for divorce can benefit from knowing more about the process and from understanding the steps in filing for divorce based on the laws in the state. 

Filing for divorce 

To file for divorce in Georgia, at least one party must have resided in the state for six months or longer before filing. In most cases, the person who initially files for divorce should do so in the county in which their spouse lives. Once the petition has been filed, the other party must receive written notice of the divorce filing which may be hand-delivered by the local sheriff’s office or a private process server. Divorce petitions will differ based on whether the couple has minor children. 

Georgia allows no-fault divorces, which means the couple acknowledges that the marriage is not salvageable. Fault divorces based on adultery, mental incapacity, cruel treatment, alcohol or drug abuse, and other specific situations are also allowed. Those filing for a fault divorce should be prepared to provide evidence to back up their claims. Divorces may be contested or uncontested based on individual circumstances. 

Legal help is essential 

No matter the reason behind the divorce, it’s essential for one to consult an attorney for help with all divorce-related issues. Dissolving a marriage can be very stressful and there are many negotiations to be made. An attorney with knowledge of Georgia divorce laws can provide guidance to help one make the best decisions when it comes to asset division, child custody, and other divorce matters.  


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