Which Georgia County Should I File For Divorce In?

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The divorce process can sometimes seem difficult enough, right? Taking time out of your schedule to deal with it and handling the emotional stress of it can take its toll. One way to ensure you don’t add even more strain to an already tense time is to make sure you file for divorce in the right county. 

Today’s blog post was inspired by a question from our readers:


I have been married 10 years and my wife moved out last year to another county. I am ready to file for divorce but I am not sure where I need to file the case. —Alex W.

Divorce attorneys hear it all the time: “Does it really matter where I file for divorce?” Simply put, yes. Filing for divorce in the correct county is very important — or else your case could be dismissed. 

In today’s blog, we’re going to discuss your options and let you know where you need to file for divorce when you or your spouse live in separate counties. If you’re in need of a divorce attorney in Atlanta, then we have you covered. Here at The Fairell Firm, our team of divorce lawyers is prepared to help you with legal separation, divorce, custody, and more. Read below and watch our video to learn more about filing in the correct county, and then contact our family law firm today to get started with a divorce attorney. 

Spouse moved to a different county less than six months ago:

If your spouse has moved out and to a different county within the last six months, then you can file in the county of your marital home (or the county where the two of you lived together).

Spouse moved to a different county more than six months ago:

If your spouse has moved out and to a different county more than six months ago, then you need to file for divorce in the county where your spouse currently lives.

Filing For Divorce & Serving Papers

After finding the best divorce attorney for you and filing for divorce, it’s time to serve papers to your spouse. You cannot do this yourself — the sheriff (of the correct county) may do it or a private process server must serve the papers. 

Following this, there is an answer and counterclaim period of 30 days in the state of Georgia.

Work With An Atlanta Divorce Attorney Today

Divorce is a difficult time emotionally and financially — there’s simply no denying that. If you’re out there wondering how to find the best divorce lawyer, then we hope our blogs and resources can be of service to you. Here at The Fairell Firm, we regularly share information from our team of female lawyers so that you can move forward with confidence in the divorce process. From knowing divorce terms to understanding social media and divorce, bank accounts and divorce, or alimony and divorce, we’re here for you. 

Contact our law office today to schedule a consultation with a divorce attorney. We’re conveniently located in Tucker and work with clients throughout Atlanta. Meet with a divorce attorney today!

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