|
Divorce is an uncertain time. Something that you thought would last forever has ended, and moving forward seems unfathomable. Knowing what to expect in divorce proceedings can help with the uncertainty. The more informed you are, the more prepared you will be to face what comes next. Where to File In order to file for divorce in Georgia, you must have been a resident for at least six months. You should file in the county where your spouse lives if it is different than your own county. However, if your spouse now lives out of state, you may file in your own county. Determine the Reason Georgia has 13 different grounds for divorce. 12 are fault based, and for these you will need to prove that your spouse did something wrong. The 13th is the no-fault option which states that the marriage is “irretrievably broken.” Keep in mind that the fault-based options will require proof and that your spouse can also file fault allegations against you. If this is the course of action you choose to take, it is best to consult with a divorce attorney in Villa Rica who can advise and counsel you in the best course of action, help in your defense against allegations, and build a case against your spouse. Complete the Petition The next step is completing the divorce petition. If both parties are in agreement about the terms of the divorce, there is a fillable document available. If any part of the divorce is being contested, whether it is marital assets, alimony, custody of the children, or child support, then it is best to work with an attorney who can help with completing this paperwork. Paperwork When Children Are Involved If you and your spouse have children under the age of 18, the state of Georgia requires a parenting plan. This plan details custody schedules and each of the parents’ responsibilities for the children. Additionally, child support documentation must be attached to the divorce filing. If there is a dispute over custody or child support, the court may order the couple to Alternate Dispute Resolution (ADR), which involves mediation and arbitration. A divorce will not go to trial until there is a resolution to the child custody and support issues at hand. File the Petition If you and your spouse are in agreement about the divorce, you will file a waiver of service. If not, you will have the documents served to your spouse. After the paperwork is filed, a court date will be scheduled. If all has been agreed upon, then it will likely be a single court date. If there are issues to be contested, there will be a preliminary hearing followed by subsequent court dates. Attend Court You must be present for court, whether you have legal representation or not and no matter how many court dates there are. Failure to show could result in a delay of the divorce proceedings or even dismissal of the case. You are officially divorced once the judge signs the divorce decree at the final court date. What Comes Next Once you have the divorce decree, you may begin the process of changing your name, if applicable. You may need certified copies of the divorce decree to do this which you can obtain from the court clerk. In general, a copy of the decree will suffice. Your former spouse has 31 days after the decree was filed with the court to appeal the terms of the divorce agreement. Once the 31 days has passed, the divorce is legally finalized. You may not remarry during that 31 day period. Going through a divorce is a confusing and trying time. Consider hiring an experienced lawyer to lead you through this process. A divorce attorney in Villa Rica can expertly and compassionately guide you through the proceedings to get you through this difficult period so that the next chapter in your life may begin.
Related Articles -
divorce, attorney, Villa, Rica,
| 
