Georgia allows divorce when an agreement can be made without an attorney. Here’s how to do a DIY Divorce in Georgia: Divorce Without Lawyers.
A DIY divorce in Georgia can be quicker and less costly than a traditional divorce but requires specific requirements and agreements. Spouses still must submit their divorce settlement agreement to the court, refusing to contest the case.
What Is An Uncontested Divorce?
A DIY divorce is also known as an uncontested divorce, which is when partners agree on all the major issues and aspects of the divorce process, allowing for a smoother divorce. To resolve all the marital problems, partners must agree upon the distribution of marital assets, child custody, child support, spousal support, visitation rights, and any other factors involved in the case.
Requirements for DIY Divorce in Georgia
Before you can file for a divorce in Georgia, both spouses must meet specific requirements:
- A Georgia resident for at least the last six months
- Provide a ground (legal reasons) for divorce, which
- Georgia permits “fault” and “no-fault” grounds
Grounds For Divorce in Georgia
“Fault” and “no-fault” grounds in Georgia include but are not limited to:
- Physical or mental abuse
- Drug addiction
- Prevalent mental illness
- “Irretrievably broken” marriage
Steps For A DIY Divorce in Georgia
- Complete the Georgia divorce paperwork that a spouse can access at the county’s website. The divorce complaint is the most important document the plaintiff must file addressing all matters of the divorce case.
- File the divorce paperwork and pay the filing fees the court charges.
- You must serve your forms to your spouse. Georgia requires you to hand-deliver the documents to your spouse along with a Summons Form. Spouses have thirty days to respond once served with divorce papers.
- Each spouse must complete a financial affidavit and submit it to the court, providing information regarding their income, assets, and liabilities.
- File the Motion for Judgment on the Pleadings form to the court, which means you do not want to attend a hearing but consent to the judge granting the divorce based on all the divorce forms you submit.
FAQs About DIY Divorce in Georgia: Divorce Without Lawyers
Related: Georgia Divorce FAQs
What is the difference between “fault” and “no-fault grounds” for divorce?
Providing the court with “fault” grounds means you allege your spouse committed a foul act, such as infidelity, mental or physical abuse, abandonment, etc. “No-fault” grounds do not place blame on either spouse, and the spouses’ legal reason for divorce is the marriage is falling apart, and the spouses are unable to fix it.
Does the Georgia residency requirement for divorce require both spouses to live under the same roof?
No, the residency requirements do not state you must remain living in the same home, as long as both spouses reside in Georgia for at least six months before filing for divorce.
What Georgia divorce forms should I be aware I may need to fill out during the DIY divorce process?
Depending on the circumstances of your divorce, the Georgia divorce forms can include but are not limited to the Complaint for Divorce, Domestic Relations Financial Affidavits form, Parenting Plan, Child Support Addendum, Settlement Agreement, Divorce Verification Form, Summons Form, and Acknowledgment of Service Form.
How long does a Georgia court take to approve and finalize a DIY divorce?
The length of your divorce depends on your case and the court where you filed your divorce papers. The court can grant a divorce thirty-one days after you served your spouse with the divorce documents.