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Online divorce refers to the process of preparing the paperwork necessary for initiating an uncontested divorce case in the state. In this case, divorcing spouses don't need to work directly with an attorney. Instead, they can easily complete divorce forms at their own pace, thereby saving thousands of dollars on attorney's services.
Usually, the preparation of divorce documents begins by answering a simple marriage-related survey. Then, the system guides a person through each step of completing divorce papers. Within two business days, soon-to-be-ex spouses can download ready-to-sign documents that comply with local laws and requirements, along with a filing guide.
However, if spouses fail to reach a mutual agreement on divorce-related terms, they will be required to hire a well-experienced attorney to protect their interests in court. In other words, online divorce is not suitable for contested divorce cases.
Contested Divorce
Online Divorce $299
DIY Divorce
In Georgia, necessary divorce forms differ from case to case. But each resident of this state should be prepared to submit the following documents:
Filling out divorce paperwork is one of the most important steps in any divorce process, as improperly prepared documents can lead to case dismissal. To avoid it and make sure you don't have to start all over again, you should get acquainted with Georgia laws and regulations.
Before filling out any papers, take into consideration the recommendations listed below:
Alternatively, you can use services offered by CompleteCase.com. Thanks to this platform, divorcing spouses can quickly prepare all the necessary Georgia divorce papers online.
To initiate the divorce process in Georgia, residents of this state should follow several significant steps.
Let's dive deeper into this topic.
Grounds for Divorce
Initial Filing
Court Fees
Serving a Spouse
Finalizing a Divorce
Grounds for Divorce
Georgia is a no-fault state, which means that spouses living in this state have the opportunity to apply for a divorce based on irreconcilable differences. Simply put, to file for a divorce, it is enough to demonstrate to the court that there's no chance either of you can fix it.
Also, Georgia accepts fault-based grounds for divorce. By selecting this type of divorce, you will need to provide proof of your accusations to the court.
Currently, the fault-based grounds for divorce accepted in Georgia include:
Initial Filing
To initiate the divorce process, the plaintiff (the spouse who files for the divorce) should file the divorce paperwork with the Clerk's Office of the Superior Court of the Georgia county in which they or the served party (defendant) reside.
Court Fees
In Georgia, the filing fees vary from county to county, but the average payment that most divorcing spouses need to release when filing divorce forms is $230.
Serving a Spouse
After the plaintiff files divorce forms, they are required to inform the other party that legal action has been taken against them.
Georgia law requires its residents to serve divorce papers in one of the following ways:
Finalizing a Divorce
In Georgia, there are two ways to finalize an uncontested divorce – by a final hearing or by a Motion for Judgment on the Pleadings. The way divorce is finalized mainly depends on the judge assigned to the case.
Do-it-yourself (DIY) divorce means that spouses are willing to complete the marriage termination process without the aid of a divorce law attorney. However, not all couples qualify for this option. You are a good candidate for a DIY divorce only if you meet the requirements outlined below:
The main reason people use this method of ending their marriage is that it is cheap. Although the court's mandatory filing fees can't be avoided in most cases, a DIY divorce can significantly reduce attorney's fees. At the same time, if you are unsure of your legal rights, a DIY divorce may be a poor choice for you.
The welfare of children is of major concern to the Superior Court, which is why all divorcing couples with minor children are required to address child-related issues before dissolving their marriages. Most terms related to children are discussed in three divorce forms: Parenting Plan, Child Support Addendum, and Child Support Worksheet.
Child Custody
Neither parent is automatically entitled to legal or physical custody, as the judge always considers the child's best interests when it comes to this part of the divorce. In Georgia, to determine the child's best interests, the judge usually takes into account the following factors:
Child Support
In Georgia, both parents are required to support their children financially until a child reaches the age of twenty, dies, graduates from high school, marries, becomes emancipated, or joins the military. According to child support guidelines approved in this state, the child support obligation should be calculated based on the Percentage of Income formula. To estimate the average monthly child support payment, you can use the Georgia Child Support Calculator.
All divorcing couples should go through a mandatory 30-day waiting period once divorce papers are filed with a Superior Court.
However, even the simplest case without any divorce-related disputes may take around 2-3 months to finalize, which can be explained by a heavy court caseload.
Things you can do to make the divorce process as soon as possible:
To apply for a divorce in Georgia, the couple must have a valid marriage and residence/domicile in the state. The local residency requirement is as follows:
At least one of the parties must have been a legal resident of the state for a minimum of six months before the divorce case is started. Besides, this six-month period must be consecutive.
The divorce is typically filed in the county where the filing spouse resides.
If the residency requirement is not fulfilled, the divorce case will most likely be dismissed.
How long will it take in Georgia?
On average, a typical uncontested divorce takes around 2-3 months, whereas contested cases can last over a year.
Can I get a free divorce in Georgia?
To get a free divorce in the state, you should use a DIY method and request a waiver of filing fees by submitting a "Poverty Affidavit" to the court.
How to file for divorce in Georgia?
To file for divorce in the state, you should prepare divorce paperwork and bring it to the Superior Court Clerk in the county where you or your spouse has lived for at least six months.
How much does a divorce cost in Georgia?
In addition to filing fees (around $230), Georgia residents usually spend money on attorney's services or services provided by online divorce companies. Local lawyers charge approximately $300-500 per hour, whereas online platforms charge around $200-300 for the whole packet of divorce forms.
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