The complexity of your divorce case depends on several factors, such as the value of the assets you share with your spouse and whether you have minor children together. However, even a relatively simple divorce is rarely easy due to the stress and emotions involved in making such a major life change.
Divorce in Georgia is a process. If you take the process on a step-by-step basis, you may be less likely to feel overwhelmed by the enormity of the proceedings. Here is an overview of the steps involved in filing.
1. Write a petition or complaint
The terms “petition” and “complaint” are essentially interchangeable, meaning that you can accurately use either. Whichever term you use, this is a statement explaining what went wrong in the relationship prompting you to divorce, a description of your current living situation, a statement of your shared assets and whatever arrangements you have made regarding your children. Your complaint does not need extreme detail, but it should explain the situation clearly.
2. Gather the necessary documents
There are documents that you need to gather and file along with your divorce complaint. For example, you need to provide the date of your separation from your spouse as well as your original marriage date, along with proof that you meet the residency requirement. If you have children in the household, you will need to provide their ages and names.
The court will send a copy of your petition to your spouse and give him or her a chance to respond. Therefore, you will have to provide your spouse’s last known address.
3. Wait for a response
Your spouse has a specific time frame in which to respond to your divorce complaint. If he or she provides no answer, the court will consider the divorce uncontested.
Your spouse may be likely to answer your divorce petition. If you and your spouse disagree over the terms of your divorce, it can take months or years to resolve. However, an uncontested divorce, or one in which you and your spouse come to terms quickly, may resolve in about a month.