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How To File For Divorce

Jun 15, 2018

You’ve tried everything.

It’s been a long, difficult road, but you’ve finally reached the only conclusion: the road only leads to a dead end.

Now the only options that are left are a lift filled with unhappiness, or divorce.

If you are going through this difficult process, it’s important that you know you aren’t alone. Although it may seem like you’re stranded in the middle of the sea without a paddle, just know that there are people who care about your health, happiness, and helping you through this process.

But where do you start?

At The Fairell Firm, we want to help guide you through the process.

In this blog, we’ll go through a few of the basics on how to file for divorce, when you should file for divorce, and more.

Contact our team today to get help from our Atlanta divorce lawyers.

When To File

The simple answer is: there is no simple answer. Every situation is unique and complicated, and often quite emotional.

The best rule of thumb is to file for divorce when you’re ready. That means, knowing that there is no other resolution, that you have a place to live, money on which to live, and your support system behind you.

Where To File

Believe it or not, you can’t always just walk into the nearest county office and file for your divorce there.

Filing for divorce in the right county can quite literally make or break your case. Under Georgia divorce law, there is even a chance that your case may be dismissed if it’s not filed in the right county.

Here are a few things to keep in mind when the time comes:

  • If your spouse has moved out within the past six months, you can file for divorce in the county where the two of you lived.
  • If your spouse moved out more than six months ago, you will need to file in the county where they currently reside. In this case, you will then have to serve your spouse with divorce papers via the county sheriff.

How To File

If you and your spouse have mutually agreed to divorce, then you will want to file a Petition for Divorce. Typically, what follows is known as an uncontested divorce, in which both parties agree and have a settlement agreement in place.

In the more complicated cases, however, it may be necessary to provide grounds for divorce to either prove that it is a no-fault divorce (meaning it is “irretrievably broken) or a fault-based divorce.

Be sure to speak with your divorce lawyer to learn more about which filing procedure is right for your situation.

How To Avoid Court

In an uncontested divorce, you and your spouse may be able to avoid the court process altogether. This is typically the most simple process.

You and your spouse must present your settlement to the court, but in many cases these are finalized very quickly and most counties won’t even require that you attend court.

Other Divorce Help

Unfortunately, not all divorces are this simple. Get the help from a compassionate and dedicated divorce attorney who will fight for your rights and best interest.

Contact the Fairell Firm for divorce help in Atlanta today.

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