See if you Qualify in Georgia
Online Divorce provides qualitative and approved by the court Georgia divorce papers. The information below will help you understand more about the divorce in Georgia. However, if you feel any doubts or insecurities, we will help you to figure out how to get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Georgia. We guarantee that in a short time you will receive the correct Georgia divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Georgia:
1. Your marriage must be legal and de jure formalized, which means that the marriage must be recognized by the laws of Georgia.
2. You and your spouse must be “legally separated” to file for a divorce in Georgia. This means that you can live together, but you and your spouse are no longer have marital relations and it is believed that in fact you are separated.
3. You must comply with the rules of residence before submitting divorce form documents to the court.
4. Before starting a divorce in Georgia, you and your spouse must settle all the disagreements about common children, property and financial support. Decisions on contentious issues should be recorded in the Georgia divorce papers. If you can not reach a solid decision or do not know the location of your spouse, then all disputable issues will be resolved by the judge during court hearings.
5. If you decide to get a divorce in the state of Georgia, you need first of all to fill out the documents for divorce. In them you should describe your current living conditions in marriage, common children, property, assets and liabilities, as well as the reasons because of which you are seeking a divorce. Please note that the process of filling out Georgia divorce papers can be quite difficult, since it may require knowledge of laws and legal terms. You can use the service of online divorce in Georgia to greatly simplify the process of filling out documents. Online Divorce will prepare all necessary papers for you, which will greatly speed up the process of getting a divorce.
6. Once the divorce form documents are ready you have to file them to court , serve your spouse regarding the beginning of divorce process and wait when court will grant your divorce.
In order to apply for a divorce in the state of Georgia, at least one of the spouses must live in the state for at least 6 months before filing an application to the court. If you are a US Army soldier and your garrison is located on the territory of Georgia or you have served on Georgia's military base for one year, you also have the right to file for divorce in any county of the state.
Valid Grounds to get divorce
In the state of georgia, you can file for divorce on the basis of various reasons, they can be both fault or no-fault. The fault grounds are:
1. Incest. If your spouse is a close relative of you;
2. If one of the spouses is mentally incompetent for a long period of time;
3. If one of the spouses is impotent;
4. If one of the spouses forced the second spouse to marry;
5. If during the marriage the wife became pregnant from the other man;
6. The adultery of any of the spouses after the marriage was concluded;
7. If one of the spouses deliberately deserted for a period of more than 1 year;
8. If one of the spouses has been convicted of a crime and is serving a prison punishment. Please note that the crime should have occurred during the marriage;
9. Alcohol or narcotic addiction of one of the spouses;
10. Ill-treatment or domestic violence and the victim spouse is afraid for his / her life;
Please note that if you want to terminate a marriage because of one of the reasons listed above, you will need to write it down in your divorce form documents, as well as provide unquestionable evidence to the court. However, if you do not want to take your marital life to common consideration, you can claim that your marriage is irretrievably broken and this will be considered as a no-fault reason. After that, the divorce in the State of Georgia will be granted in not less than 30 days.
In some cases, the divorce in the state of Georgia takes the form of annulment. This is a simplified divorce procedure that recognizes your marriage as void because it is not legally binding or has been entered into with disabilities of the state legislation. Please note that courts are not very willing to provide annulment to couples, so you will need to list in your divorce form documents weighty evidence that you think your marriage is void, as well as provide them to the court. If you meet the cancellation conditions, but there are underage children in your marriage, then regardless of the reason, you will need to file for a full-fledged divorce in the state of Georgia.
Below are listed ground that you have to provide in your Georgia divorce papers in case if you want to get an annulment:
1. Both or at least one spouse were mentally invalid at the time of marriage;
2. At least one spouse does not reach the legally permitted age for marriage, while at the time of marriage he pr she did not have the permission from the parents or the court for the ceremony;
3. One of the spouses was forced to marry, although he did not want to do it himself;
4. Marriage between spouses of the same sex. Same-sex marriages are not recognized by the law of the state of Georgia.
5. Duality. One of the spouses was married to another person at the time of the current marriage, with the fact that he or she did not divorce with the previous spouse;
6. If the spouses are close blood relatives to each other;
Please note that you getting a divorce in Georgia by annulment is possible provided that you have ceased to live together with your spouse immediately after having become acquainted with the possible reasons for cancellation. If, however, having become acquainted with the cancellation rules, you still continued to cohabit with your spouse, then it means that you recognize and accept this marriage, and in order to terminate it, you need to file for a standard divorce in the state of Georgia.
Custody of the Child
At the time of divorce in Georgia, parents can take a joint decision about who will be the guardian of a minor child. However, the final decision remains bythe court and he takes it on the basis of the best interests of a child. Also, regardless of the decision of the parents, the court issues a detailed plan for the time that each parent must spend with the child. If one of the parents violates the rules established by the court, he or she may be held responsible for this.
In determining a custodian for a child, the court may consider the following factors:
1) emotional attachment between the child and each parent;
2) the possibilities of each of the parents and their desire to raise a child;
3) the level of familiarity of each parent with the emotional and physical needs of the child;
4) the living conditions of each parent;
5) mental and physical health of each parent;
6) the schedule of each parent's work;
7) the desire of the child to stay with one of the parents.
8) facts of domestic violence. Note that if during the marriage the facts of domestic violence from one of the spouses were recorded, the court most likely does not award guardianship to this parent and will not allow seeing the child. However, in some situations, when the judge is sure that the parent will not harm the child, he may be given some visiting hours. The meeting of the parent and the child will take place in conditions of increased security. If there were any cases of violence in your family, you should describe this in detail in your divorce form documents to maximally protect your child.
Rules for Child Support
With a divorce in the state of Georgia, the court usually decides on the financial support of underage children, but the amount of support is calculated using the Flat Percentage of Income Model. This model takes into account the number of children in the family and the total income of parents. As a percentage, the model can be represented in the following form:
1 child: 17-23%
2 children: 23-28%
3 children: 25-32%
4 children: 29-35%
More than 5 children: 31-37%
However, there may be cases of deviations from the above model, when the court will find grounds for the fact that the amount of financial support for the child is not satisfying his needs .
Financial support for the child will continue until he or she reaches the age of 20, marries or graduates from secondary school.
Rules for Spousal support
If you decide to file your divorce in the state of Georgia, the court can oblige one of the spouses to help financially the second spouse, this is called alimony. Usually, alimony is assigned to help the spouse who, after divorce, remains less well off.
In the state of Georgia, there are several types of alimony:
1) Temporary alimony, which is awarded by the court to ensure some needs of the spouse immediately after the divorce or during some time after the divorce is granted.
2) Permanent maintenance is a kind of financial support that is paid to a spouse who has very bad prospects of getting a job that brings a stable income.
In order to make a positive decision regarding financial support, first of all the court must make sure that one of the spouses has real needs, and the second spouse is able to provide them. Similarly, the court decision may be affected by the ground, which led to the termination of marriage. In any case, the court will make a fair verdict, based on an analysis of the following factors:
1) the duration of the marriage;
2) quality of life of spouses during marriage;
3) the professional skills of each spouse;
4) the degree to which each spouse has invested in the maintenance of home comfort and the upbringing of children;
5) the financial situation of each spouse;
6) the contribution of each spouse to the improvement of family life and the upbringing of children;
If the spouse for whom alimony intends to re-enter a marriage, then the payment is terminated.
Please note that there is no established formula in the state of Georgia, which is used to calculate alimony. The court determines the amount on its own, analyzing the situation that has developed in the family. Thus, in your Georgia divorce papers you need to describe in details all the current circumstances that led to the divorce, in order to be able to receive alimony.
With a divorce in the state of Georgia, the court usually makes a decision on the uniform division of common property. Keep in mind that all property that you and your spouse acquired during the marriage is subject to division. Thus, the court will decide on real estate, assets and debts. If before the divorce in Georgia you and your spouse did not come to a single decision in matters of property division, then the court will make a decision independently, based on analysis of various factors from your married life.
When you fill out Georgiadivorce papers, you need to list all the types of property that you possess. Similarly, if you have property that belongs directly to you, for example, a property that has passed to you by inheritance, this must also be indicated in the divorce form documents, since private property is not subject to division. It also makes sense to list the property that was acquired by you before marriage. Quite often, filling in Georgiadivorce papers is a complicated process that not all spouses who want a divorce can do. In such cases, you should use the service of online divorce in the state of Georgia. Be sure that we will prepare all the necessary documents that correspond to your divorce case, which will greatly accelerate the dissolution of the marriage.
Divorce without a lawyer in Georgia
If you apply for a divorce in Georgia, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Georgia can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce. To simplify the process, you can initiate an online divorce in Georgia. Our service will help you quickly prepare all the necessary divorce form documents, which will greatly accelerate the process of your divorce.
In the state of Georgia the courts may require intervention of mediators in the case if there are disputes concerning custody of the child and spouses can not come to a common agreement. Mediators are a third party that is not interested in anyone's behoof. Their main task is to help the spouses to resolve differences and make a decision that will satisfy all participants of the process of divorce in Georgia.
Divorce Forms in Georgia
You can find some forms online, but not all of them you should fill out, but only those that are suitable for the circumstances of your divorce. For clarification on the documents for divorce, it is best to contact the clerk of your district. The basic divorce form document that you need to fill out is Petition for Divorce. But in most cases it will be necessary to fill out many more other Georgia divorce papers.
Please note that if you file improperly filled out papers, this will significantly slow down your divorce proceedings because the court will reject your documents. To avoid delays in the case and insure against errors, it makes sense to use the services of Online Divorce. We will select the divorce form documents that fit the circumstances of your divorce and help fill them in accordance with the requirements of the state of Georgia, this will help greatly speed up your divorce process.
Uncontested Divorce in Georgia
In the state of georgia, there is such type of a divorce, which is formalized faster than the standard one. Usually it can be initiated in cases where you and your spouse have already resolved all the controversial issues regarding custody of the child, the division of property and financial assistance. Such a divorce in the state of Georgia is called ‘uncontested divorce’. This method is cheaper and less time consuming, since you do not use the services of a lawyer and you do not need to attend a series of court hearings on controversial issues. Nevertheless, you still need to fill out Georgia divorce papers. Since it may require knowledge of laws from you, filling out divorce form documents can be a difficult process. If you want to avoid difficulties in getting a divorce, you should use the help of service of onlinedivorce.com - the best representative of online divorces in the state of Georgia. You can be sure that we will prepare all the documents you need in the shortest time, after which you will only have to register them in the court in the county where you want to grant your divorce.
In the situation where you and your spouse do not have a single solution to the contentious issues or you have disputed that can be resolved without the involvement of a third party, than your divorce will be called contested and the court will independently decide on your differences.
How to Serve Divorce Papers in Georgia
Legislation of the state of Georgia requires that after you file Georgia divorce papers to the court, you have to notify your spouse about the beginning of the divorce and serve him or her with the copies of the documents you have filled out. If you are on good terms with your spouse, you can deliver the divorce form documents to him or her in person with a request to leave you a receipt that he or she has been notified of the initiation of the divorce in Georgia. However, if your relationship with the spouse does not go well or you do not know his or her location, it makes sense for you to use various notification services.
You can ask the local sheriff to personally hand over the copies of divorce form documents to your spouse. Or use the professional serve service.
After all the necessary Georgia divorce papers have been brought to court and your spouse will be notified, you will need to wait 30 days before the court starts hearing about your divorce.
If during the trial there will be no disagreements between you and your spouse, the court will grant the divorce fairly quickly.
Total fees will contain sum of Georgia court filing fees and cost of using the service of online divorce in Georgia. This cost may vary by county. Please check with your local court officer to determine the exact amount.