What To Expect During The Georgia Divorce Process

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Diving into the divorce process is widely known as stressful, exhausting, and emotionally difficult. By having a good understanding of the divorce process within your state and by working with a qualified divorce attorney, you can lower your stress levels throughout the process. 

Here at The Fairell Firm, we regularly update our blog and our YouTube channel with helpful information for you. Our team of divorce attorneys are experienced in legal separation, divorce, and more so that they can comprehensively help you throughout this process. Read today’s blog and video to learn more about the Georgia divorce process, and then contact The Fairell Firm today to get started with a divorce attorney in Atlanta. 

Divorce vs. Legal Separation

Our divorce attorneys are frequently asked if legal separation is a viable option for them as they pursue separating from their current spouse. Georgia does permit legal separation — it’s just called separate maintenance. Check out our blog post on legal separation and divorce in Georgia for more information.

Where To File For Divorce

When filing for divorce, you should file in the county in which your spouse lives. If your spouse moved out of your home fewer than six months ago, then you can file in the county where your marital home is. If your spouse moved out of your home more than six months ago, then you need to file in the county where your spouse currently lives.

Serve Papers To Your Spouse

After filing your papers, it’s time to legally serve papers to your spouse. Your spouse has a right to know that they are technically being sued, and the purpose of serving papers is to let them know. The sheriff or a private process server must serve the papers to your spouse — it’s not appropriate for you or anyone else to do so.

Answer And Counterclaim Period

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.

Legal Reasons For Divorce

To actually divorce in the state of Georgia, any divorce attorney will tell you that there must be a legal reason for the divorce. These reasons include the following: 

  • Abandonment or Desertion – must be willful and for at least one year
  • Adultery – must be the cause of the breakdown of the marriage
  • Cruel Treatment – physical or mental abuse
  • Drug Addiction
  • Impotence – at the time of the marriage
  • Irreconcilable Differences
  • Mental Incapacity – at the time of the marriage
  • Pregnancy by Another Man – at the time of the marriage

Irreconcilable differences can be used if nothing else on the above list matches your situation. This means that neither partner is willing to continue the relationship and that there is no hope for reconciliation.

Georgia Is Not A 50/50 State

Georgia is an equitable division state — not a 50/50 state. Dividing assets equitably is not the same as dividing assets equally. This could mean the divorce is 60/40, 90/10, etc. Because of this, it’s vital to have a divorce lawyer who can advocate for you well to make sure you’re protected throughout the divorce process and achieve a desirable outcome.

Meet With A Divorce Attorney In Atlanta Today

When you need a divorce attorney in Atlanta, you can count on The Fairell Firm. Check out our posts on terms you may encounter, social media and divorce, the basics of divorce, and divorce and retirement accounts so that you can move forward with as much knowledge as possible. Contact The Fairell Firm today to get started with a divorce attorney in Atlanta.


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