Georgia Divorce Petition
Georgia divorce petition, also referred as the Complaint for Divorce is the most important document you submit during your divorce proceedings. It is your formal request to the court stating that you want to get divorced. The petition states the facts of your case and the complaint against the other spouses’ misbehavior and requests the court to grant the divorce.
Before you decide to file for Georgia divorce petition, you have to fulfill certain residential requirements. You or your spouse must be residing in Georgia for six months before filing.
Any of the spouses can get a no-fault divorce by stating in the form that the marriage is "irretrievably broken”. If both the parties don't agree on the divorce, you can file for fault divorce. Georgia has 12 grounds for filing fault divorce, including adultery and desertion. It can be adultery, cruelty, impotency, imprisonment, mental health problems, drug addiction and transmission of sexual diseases.
A divorce case in Georgia starts when you file a Georgia divorce petition in the superior court where your spouse resides. You can file in your county if your spouse is not residing in Georgia.
If your case is uncontested, the court finalizes the divorce 31 days after the spouse is served. If both the parties do not agree on any issue, including child support or custody, it might take many months before the court finalizes your case. The court schedules the hearing and makes decision of issues on temporary basis.
Process of Filing Georgia Divorce Petition:
- Filing Georgia divorce petition with the help of lawyer is advisable, as he can guide you well in your case.
- Once you fulfill all the requirements and grounds as per the Georgia law, file the petition. You can get the divorce petition forms from the county's superior court website.
- Georgia divorce petition will require other personal information, including the spouses name and address, marriage date, the names and birth dates of children, and other financial information.
- The divorce petition must also state the reason for getting the divorce. Fill out the other necessary divorce forms mentioned by the court’s clerk. For uncontested divorce, a person filing the Georgia divorce petition should also submit a Divorce (what?), a Waiver of Venue, an Acknowledgment of Service, Verification form, a copy of a Separation Agreement, Consent to Trial, Automatic Domestic Standing order and a Domestic Intake Sheet. You can request for these forms from the clerk or you can get the forms online as well.
- Give the divorce forms with payment to the clerk of the court where you are filing for divorce. The fee for filing for divorce in Georgia is $87.50. It can change later if the law orders.
- Serve the petition form along with the necessary documents to your spouse. Once you submit your petition for a Georgia divorce, you should also provide a copy to your spouse. In case you are not able or fail to personally serve it to your spouse, the county sheriff delivers the service process for a fee of $25.
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