If you are a resident of the state of Georgia and you want to get divorced, but don't know how to do it, follow the steps below to file your divorce claim and start your process.
Steps
Step 1. Determine if you are eligible to file for divorce in Georgia
To be eligible to file for divorce in Georgia, you or your spouse must have resided within the state for at least six (6) months prior to filing. If you are stationed on a military base in Georgia, you can file your divorce claim if you have resided in this state for at least one (1) year prior to filing the claim.
Step 2. Decide what your grounds for divorce are
When you file for divorce in Georgia, the party filing the complaint must state the ground for divorce. When you choose your cause, take into account that you must prove the existence of the cause before the court. The state has thirteen (13) grounds for divorce. These are:
- The marriage bond is irretrievably broken. This is a ground for divorce by de facto separation in Georgia. It means that one or both parties consider that the marriage has ended and that they can no longer live as spouses. This is the most common ground for divorce in Georgia, as it does not require the parties to blame the other for the breakdown of the marriage bond.
- Marriage between persons within the prohibited degrees of consanguinity or affinity. This means that the parties cannot marry because of the closeness that exists between them. For example, if close cousins got married. This is a cause not widely used in Georgia.
- Mental incapacity at the time of marriage. Mental incapacity at the time of marriage means that one or both parties, at the time the parties were married, were unable to consent to the marriage, such as in the case of a person under court-ordered guardianship.
- Impotence at the time of marriage. One ground for divorce is impotence at the time of marriage, which means that one of the parties was impotent at the time the parties were married.
- Violence, coercion, coercion or fraud to celebrate the marriage. To invoke this cause, the coercion or coercion must have a higher level than the simple threat of ending the relationship if the marriage does not take place.
- Pregnancy of the spouse of a man other than the spouse, at the time of marriage, unknown to the spouse. This means that the spouse was pregnant when the parties got married and the spouse did not know that she was pregnant or the fact that she was not the father of the child.
- Adultery of either party after marriage.
- Intentional and continuous abandonment by either party for a period of one year.
- The conviction for a crime of any of the parties that involves immoral behavior for which they are sentenced to confinement in a jail for a term of two years or a longer term. Immoral behavior refers to conduct that violates the conscience such as rape, murder, and kidnapping.
- Habitual intoxication. This means frequent and excessive consumption of alcohol.
- Cruel treatment that will consist of intentionally causing pain, whether physical or mental, to the complaining party, such as reasonably justifying the ability to understand the damage to life, body or health.
- Incurable mental illness. To invoke this ground for divorce, your spouse must have been declared mentally incapable by a court or have been declared mentally incapable by two (2) doctors and have been hospitalized or undergoing treatment for mental illness for at least two (2) years.
- Drug addiction. Drug addiction occurs when a party uses any type of drugs frequently and excessively that causes intoxication, whether legal, illegal, with or without a prescription.
Step 3. Determine the appropriate court to file your divorce claim
A divorce in Georgia must be filed in the Superior Court of the county in which the defendant resides. For example, if you are filing for divorce and you live in Calhoun County and your spouse lives in Baker County, you must file in Baker County. However, if you and your spouse agree, you can file it in the county of residence of either party.
Step 4. Get the proper forms
Check with your county clerk or use these free forms provided by eDivorcePapers. Not every person filing lawsuits or Plaintiffs will need to file all forms. If you are not sure if you should file a form, check with the clerk of court. If you do not submit any required forms, the clerk should point out which forms are missing. Some of the forms that most parties must submit are:
- Petition for divorce. This is the document that starts the divorce process. All plaintiffs must file the Complaint for Divorce.
- Family File Information Submission Form. All plaintiffs must complete and submit this form that serves as the cover page for the Complaint for Divorce.
- Conventional Separation Agreement. The parties that have reached an agreement and want a hearing not to take place should submit this form.
- Definitive sentence. All parties must present a final judgment after the court takes cognizance of all the evidence and the required deadlines have elapsed.
- Final Disposition Form of the Family File. All plaintiffs must complete and submit this form along with the Final Judgment.
- Divorce Report. This is a form from the Department of Health that must be submitted by all divorcing parties at the time the Final Judgment is filed.
Step 5. Complete your forms
Fill out your written or printed forms in black ink. Make sure you provide all the information requested. If you're not sure what information a special form is asking for, check with the clerk of court, an attorney, or a legal document service for help.
Step 6. File your divorce forms with the court
To file your divorce claim, you will need to submit the original forms, copies, and payment of a filing fee to the county clerk's office. Call to make sure you have the proper number of copies of each form and the proper filing fee. Also, you must verify the forms of payment that the court accepts. Generally, payment must be made in cash or through certified funds.
Step 7. Notify your spouse
After you have filed your forms with the court, you will need to give your spouse a copy of all the documents you filed. This is known as "notifying" your spouse. In Georgia, there are a few ways to notify your spouse, including:
- Through the "sheriff." The sheriff's department in the county where your spouse resides may serve a lower rate. Check the amount of the fee with the clerk of court or the sheriff's office.
- Use a Process Server. If you prefer, you can pay a private processing server to deliver your divorce papers to your spouse.
- Personally. If you and your spouse get along, you can personally serve the divorce papers and have them sign a waiver of service and acknowledgment of service to file with the court.