The correct legal documents are needed to file for divorce in Georgia. This individualized paperwork will tell the Court that both spouses are in agreement about all of the issues pertaining to the dissolution of their marriage. When both parties are in agreement, the divorce is considered uncontested. In an uncontested divorce, a Settlement Agreement is filed by the parties and this document becomes part of the Final Decree.
Completing and Filing Georgia Divorce Forms
The divorce package forms available at the link provided in the How to File an Uncontested Divorce in Georgia are for a specific county (DeKalb) in the state of Georgia. However, all of the documents included in the DeKalb County package can be used successfully to file an uncontested divorce in any county in the state. The name of the county where the divorce is being filed will need to be substituted for DeKalb.
These documents - one set for a divorce with children and one set for a divorce without children - can be filled out by hand by following the instructions included with them. The documents can be re-typed. Volunteers at Atlanta Legal Aid can also assist people in filling out the paperwork.
In some states, non-attorney legal document preparers can prepare or help prepare divorce paperwork for people filing without an attorney. In the state of Georgia, it is considered the unauthorized practice of law for a non-attorney to charge money to prepare or help prepare divorce documents.
After the documents are prepared and signed by both parties in front of a notary public, they will need to be filed with the Clerk of the Superior Court in the county where the divorce action is being brought. A list of county clerks is available at the GSCCCA website.
The clerk will charge a filing fee to accept the documents and open the case. Filing fees vary from county to county, but are generally in the range of $75.00. Clerks will accept cash or a money order for the filing fee; they will generally not accept personal checks.
The Clerk of Court may also have a few county specific forms to fill out. Make certain to have a copy of all the papers you are filing. Copies of everything will need to be taken to the Final Hearing.
Classes for Divorcing Parents with Children
If a divorce case is filed in Georgia and children are an issue, the Court will require both parents to attend a seminar regarding Children and Divorce. This seminar is usually four hours long and is offered at various times during the day and the evening. The cost of the seminar is approximately $30.00 per person. The parties do not have to attend at the same time.
The purpose of the seminar is to give parents information on issues that arise in divorcing families. The topics include the divorce process and how it effects children, the developmental stages of children, positive communication skills, identifying when a child may need help coping with divorce issues, and realistic expectations about new families and step families.
After attending the seminar, each person will receive a certificate indicating attendance to be filed with the Clerk in connection with the pending divorce case.
Final Hearing for an Uncontested Divorce in Georgia
Sometimes the clerk will assign a date for the Final Hearing when the divorce paperwork is filed. Other times, the court will send a letter to the address of the filing party indicating the date and time of the Final Hearing.
Particularly in cases that involve children, the Court likes to see both parties at the Final Hearing, but only the person who filed the divorce must show up. The Judge hearing the case may ask the parties a few basic questions concerning the paperwork that has been filed. If children are involved, the Judge’s biggest concern will be custody and child support.
A party who is representing himself in any court matter should dress and act respectfully at all times. Do not wear hats into the courtroom and make sure to turn the ringer off on cell phones. Always look the Judge in the eye and address the Judge as “Ma’am” or “Sir.”
At the end of the hearing, the Judge will sign the Final Decree granting the divorce. The signed Final Decree should be taken back to the Clerk of Court for filing. Both parties will need to keep a copy of the signed Final Decree for their records.
Other Types of Divorce in Georgia
Filing for divorce without an attorney is not always the best solution for every case. If a married couple has complicated legal issues regarding property, child custody or anything else, an attorney should always be consulted.
Additionally, if one party is not in agreement and will need to be served with a divorce action, the party filing the divorce should consider retaining a lawyer to assist with the contested process.
If a person needs to get a divorce, but doesn’t know where their spouse is located, another avenue called Divorce by Publication is available in Georgia. In a Publication divorce, the documents and process are a little different than those filed in a simple uncontested matter.
Filing a divorce without an attorney is only a good option if both parties are in agreement and understand the law and the process.
Read also, Self Respresentation in Court without an Attorney and Child Support Laws in Georgia: Who Pays What?
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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