FAQs on Georgia Divorces

1.  Does Georgia have a waiting period before I can get a divorce?  Good question!  No, but many states do have such waiting periods.

2.  Once the divorce is filed, about how long does it take for Georgia divorces to be finalized?  There is not stock answer for this question.  There are many variables that will affect how it takes.  If you and your spouse agree on most things and are congenial enough to work through it together, then it could take as little as 31 days from the date of service.  (Service is explanined below.)  If not, then it could take  a few months, with several mediations settling your disputes, or it could take a couple of years if it must go to trial and decided by either a judge or a jury.

3.  What is “service”.   When one person files for divorce, the other person must be told about it!  Legally, the court requires that this happen in one of two ways.  Either your spouse acknowledges that you have filed for divorce by signing an Acknowledgment (most common) or  your spouse is “served”.  In this case, the sheriff finds your spouse either at work or at home (or elsewhere) and physically delivers a copy of the divorce petition to him or her.  Then, they have “been served” and therefore on notice that the divorce has been filed.

4.  I’ve heard that Georgia divorces can be no-fault divorces  What does that mean? That simply means that either spouse can decide that they want out of the marriage for whatever reason.  Legally, we call it “irreconcilable differences” , and no other grounds for divorce are required.  You need NOT show that the other spouse was unfaithful or abusive, or failed in any other way to be a good spouse.  You can simply not want to be married to that person anymore and there is nothing the other spouse can do about it.

5.  What if we do not want a divorce, but want to live apart?  Georgia law provides for legal separations in which most of the same issues are resolved even though a divorce decree is not obtained.  It is also called a separate maintenance action and allows each spouse to live apart with financial matters, child support, custody and visitation issues  all resolved as if you were divorcing.

8.  Can I still for a divorce if we still live together?  Yes, as long as you are legally  “separated”.  Oddly, Georgia considers you legally separated if you are no longer having sexual relations.  You can still be sleeping in the same bed, so long as you are only sleeping!

9.  Must we both hire an attorney?  Not necessarily.  In fact, with some Georgia divorces, no attorney is needed at all.  You can represent yourself in your divorce proceeding.  However, you will be expected to comply with all rules regarding court filings and appearances.  If you two agree on most issues and want to file an uncontested divorce, then you could hire only one lawyer to handle the paperwork for you.  Just realize that lawyer represents you BOTH, not just one of you.  As soon as your interests start to diverge, then a second lawyer is needed, each representing one of you.

If you have any further questions about Georgia divorces, please contact us!