how to apply for divorce in georgia

How much does it cost to file for divorce in GA?

Generally, the cost to file a Complaint for Divorce in Georgia ranges from $200.00 to $220.00. This fee must be paid to the Clerk of Superior Court in the county where the divorce case is initiated. In addition to this fee, a service fee must also be paid.

How long do you have to be separated to get a divorce in Georgia?

30 days

How do you file for divorce in the state of Georgia?

Georgia divorce law

Filing for a divorce in Georgia begins by filing a complaint with the court. This document, also known as a divorce petition, should include the cause of the divorce, a list of assets and an explanation of arrangements made for children if children are present in the marriage.

Can you file for divorce in Georgia without a lawyer?

Before the court will consider your divorce in Georgia you must meet the requirements for residency and state the reasons for wanting a divorce. When the parties agree or there is little property and no children, the process is very straightforward and can be handled without a lawyer.

Can you date while separated in GA?

Legally speaking, no it is absolutely not OK to date once you separate from your spouse in Georgia. Georgia divorce law does not recognize the concept of “legal separation” that some other states recognize. … Any extramarital relationship you engage in (separated or not) may be considered adultery during your divorce.

How long after a divorce can you remarry in Georgia?

There is no waiting period to remarry. You only must have a final Judgment of Divorce entered by the Court clerk. Also, if your children are all over age 18, your divorce judgment can be entered 60 days after you file the action.

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What are the 13 grounds for divorce in the state of Georgia?

Irretrievably broken marriage (no-fault) Adultery (either party; heterosexual or homosexual; indirect evidence allowed) Cruel treatment (“willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health”)

Is Ga A 50 50 state in divorce?

Georgia is an equitable distribution state. Upon divorce, spouses are not guaranteed an equal split of their marital property. … Generally, equitable distribution does result in the division of the estate 50/50 unless there is a reason to give one spouse a greater portion of the marital property.

Do both parties have to sign divorce papers in Georgia?

But you can still obtain a divorce in Georgia even if your spouse refuses to sign the divorce papers.

Is alimony mandatory in Georgia?

Alimony in Georgia is authorized in limited situations and is not the broad remedy that it is in other states. Alimony in Georgia is either “rehabilitative” or “permanent”. Alimony is money for support paid to a spouse by the other spouse. … Usually alimony is granted by the court only when a long term marriage ends.

Who gets the house in a divorce in Georgia?

During divorce in Georgia, separate property is typically retained its original owner. Marital property, on the other hand, is subject to division according to the principle of equitable distribution. This means that the property is divided between the spouses according to what is “equitable,” or fair.

What happens after divorce papers are served in GA?

After the divorce is properly filed and served, there is a 30-day period permitted for an answer and counterclaim. This refers to your spouse’s opportunity to assert your claim and establish what they think should be addressed by the court.

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Can you file for divorce online in GA?

Couples hoping to file Online divorce documents will be dismayed in Georgia. The state of Georgia does not accept divorce petitions that are filed by fax or online. That does not mean that you cannot begin an online divorce in Georgia. It simply means that you will have to file your divorce petition in person.

How is alimony calculated in GA?

Unlike child support calculations, there is no specific formula to calculate alimony in Georgia. If there is no adultery or desertion, and there is a need and ability to pay, the judge will weigh each factor equally to determine (1) if alimony is appropriate and (2) the type, duration, and amount of the final award.

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