Divorce in Georgia Made Clear:
What Happens and How to Prepare
Knowing what to expect can make all the difference. This guide breaks down Georgia’s divorce process with clarity and care, so you can move forward confidently.
Although Georgia divorce laws are the same in all cases, there is not a universal step-bystep guide. This is because divorce in Georgia is not a one-size-fits-all process. In fact, the process for obtaining a divorce in Georgia can vary greatly from one case to the next. However, certain steps and processes are consistent across the majority of contested divorce cases. The purpose of this article is to outline these general steps and processes.
As a precursor, please note that this article focuses solely on contested divorce in Georgia. A divorce is “contested” if no settlement has been signed at the time the case is filed with the Court. Contrast this with an uncontested divorce in Georgia. A divorce is “uncontested” if a full settlement has already been signed at the time the case is filed with the Court. The process for obtaining an uncontested divorce differs from the process for a contested divorce. The process for obtaining an uncontested divorce will be posted as a separate article. This article also does not address legal separation in Georgia. A legal separation case (called ‘Separate Maintenance’ in Georgia) differs from a divorce case. More information about Separate Maintenance will be posted as a separate article.
STEP 1: Filing for Divorce in Georgia
To initiate a contested divorce in Georgia, a Complaint for Divorce is filed in the Superior Court. A Complaint for Divorce may also be referred to as a Petition for Divorce. The spouse who files the Complaint is known as the Petitioner. The non-filing spouse is known as the Respondent. The purpose of the
Complaint, generally, is to identify the parties to the lawsuit and the reasons for the lawsuit known as “grounds.” While Georgia divorce law allows for various grounds that are rooted in a spouse’s wrong-doing, also known as “fault grounds” (e.g., adultery, habitual intoxication, etc.), a “no fault” divorce is most common. In a no-fault divorce in Georgia, proof of wrong-doing is not required. Rather, the filing spouse need only assert as grounds that the marriage is “irretrievably broken,” also commonly known as “irreconcilable differences.” Spouses must be separated for at least thirty days before a divorce case can be filed. Spouses do not necessarily have to be living separately (under separate roofs) to be considered “separated” for purposes of filing for divorce. Also note that the residency requirement for a Georgia divorce is six months. This means that at least one spouse must be a resident of Georgia at the time of filing for divorce and for six consecutive months immediately prior to filing. The spouse who files will pay a fee to the Court. The Georgia divorce filing fee varies from county to county, but on average the cost to file is about $200.00.
STEP 2: Service
Once the Complaint is filed, the next step is service. Service is the process of putting the Respondent on formal/legal notice of the divorce lawsuit by providing them with a copy of the Complaint and Summons. A Summons is a document signed by the Clerk of Court that serves to compel a Respondent to appear in Court to defend against the lawsuit. A Summons must accompany the Complaint in order for service to be considered valid. Service can be accomplished in a number of ways. Most commonly, service is carried out by the Sheriff’s Department or a process server. .
STEP 3: Answer/Counterclaim
Once the Respondent has been served, they have thirty days to file an Answer in response to the Complaint. The Answer is the Respondent’s opportunity to admit or deny the allegations contained in the Complaint. Simultaneously with filing the Answer, the Respondent may also elect to file a Counterclaim for Divorce. The Counterclaim is the Respondent’s opportunity to make their own request for the Court to grant a divorce.
STEP 4: Discovery
After the Complaint and Answer/Counterclaim are filed (and sometimes even before the Answer/Counterclaim is filed), the case will usually move into
the phase known as ‘discovery.’ Discovery is the process of gathering information. The purpose of gathering information through discovery is for both spouses to have the information they need in order to participate in informed settlement negotiations (addressed later in this article) and/or to present their position at trial (also addressed later in this article). Discovery typically involves each spouse making a full financial disclosure. This includes, for example, exchanging financial account statements (e.g., banking, retirement, debts, etc.). Additionally, each spouse will complete a “Domestic Relations Financial Affidavit” identifying all income, expenses, assets, and debts. If adultery or other conduct issues are at play, discovery can be utilized to uncover the details. If there are minor children involved, and if custody is highly disputed or if there are serious allegations calling into question a spouse’s ability to act appropriately as a parent (e.g., alcohol/drug abuse, domestic violence, etc.), the discovery process might include the Court appointing its own investigator known as a “Guardian ad Litem.”
STEP 5: Temporary Hearing
Either party may request a temporary hearing at any time. A temporary hearing is typically scheduled if the circumstances of a case compel an
immediate need to address a particular disputed issue. For example, a temporary hearing can resolve who gets to live in the house while the case is pending, how time with the children will be shared while the case is pending, the payment of expenses, child support, and/or alimony while the case is pending, etc. Just like it is possible to reach a settlement on a final basis (addressed later in this article), the parties can reach a settlement for temporary issues as well.
STEP 6: Settlement Negotiations/Mediation
After conducting discovery and addressing any temporary issues, the case will typically move into the settlement phase. Settlement negotiations will take place in an attempt to reach a final agreement on all issues. Settlement negotiations can take place by way of telephone calls, e-mails, etc. However, most settlement negotiations take place in a mediation setting. Generally speaking, mediation is the process of coming together to attempt to resolve a conflict with the help of a neutral third party. Mediation is required in most Georgia counties before a divorce case is allowed to be scheduled for a final trial. The vast majority of divorce cases that attend mediation are successful at reaching a settlement. Thus, even in counties where mediation is not required, it is usually still a desirable approach to settlement. If a settlement is reached on all issues, whether through mediation or otherwise, the parties will sign paperwork to memorialize their agreement. The paperwork will be presented to the Court for the divorce to be finalized.
STEP 7: Trial
If, following settlement efforts, there are unresolved issues, the case will proceed to a final trial. Trial is the opportunity for each side to present their position to the Court. Most often, the presentation is made to the assigned Judge. This is known as a “bench trial.” Interestingly, Georgia is one of the few states that allows for presentation to a jury in divorce cases, but only for certain issues. This is known as a “jury trial.” The default proceeding is a bench trial; however, each spouse has the right to demand a jury trial. Although divorce jury trials are quite rare in Georgia, there can be circumstances that warrant it. Once the trial is complete, the Judge or jury will make a decision on each issue. The Court will issue a final Order documenting the trial decisions. The final Order in a divorce case is referred to as the “Final Judgement and Decree of Divorce” or “Divorce Decree” for short. The Divorce Decree will officially grant the divorce and will confirm a spouse’s name change if a request for name change has been made. If a party is dissatisfied with the outcome of trial, there may be an opportunity to challenge the Judge/jury’s decision and seek a different outcome. Examples include appealing to a higher Court or asking the trial Judge to reconsider and change the decision.
STEP 8: Division of Financial Accounts
Either via settlement or the trial decision, all of the marital assets, including financial accounts, will be assigned to one party or the other. Some financial assets, such as bank accounts, are easily divisible because the funds therein are able to be transferred from one spouse to the other at the mere directive of the account owner, without further ado. Dividing other types of accounts, however, such as 401(k)s, pensions, military retired pay, etc., require a more technical and legally nuanced process. After the divorce is finalized, the necessary paperwork will be prepared and presented to the Court to allow for the division of such accounts, if any.
CONCLUSION
Keep in mind that the above outline sets out general concepts rather than hard and fast rules. The Georgia divorce process may include some or all of the above described steps. The direction of a case, whether or not each of the above steps are required, and how long it takes to complete the divorce process is dependent upon a number of factors, including but not limited to the level of conflict between the parties, requirements of the particular Court, requirements of the particular Judge, complexity of the issues, each party’s desires/actions, available resources to expend on the case or lack thereof, etc. Hiring an experienced divorce attorney to guide you along the way is the first step to mitigating what is inherently a complicated process. The attorneys at Brown Carrington, PLLC are experienced, equipped, and eager to be your guide, your advocate, and your voice during divorce. If you are thinking about divorce or just want to know more about the process or our firm, give us a call at (404) 777-0533 to schedule a confidential consultation with a Georgia-licensed attorney.
Written by: Jill Massey
Attorney Jill A. Massey, has practiced exclusively family law for the entirety of her career. Leading the Brown Carrington, PLLC Atlanta office, Jill has represented clients from all walks of life, including professional athletes, business owners, CEOs, stay-at-home moms and dads, etc. Jill describes her practice style as “cordial aggression.” — She prefers to keep cases amicable but will go to battle when a case calls for it. Jill practices in all Georgia counties and is accepting new clients.
Learn more about Jill here.
Edited by: Catherine Pierce
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