Divorce is always a difficult emotional experience, and the legal process can feel overwhelming as well. Couples whose marriages have come to an end often find themselves intimidated by a daunting legal system, even if they’re willing to file an uncontested divorce. Fortunately, getting the answers to some common questions in your state of residence will help you take the first step toward a new chapter of life. 

Common Questions About Divorce in the State of Georgia

Does Georgia have residency requirements for filing for divorce?

Georgia law requires at least one spouse to have been a resident in the state for at least six months before granting a divorce petition. Petitioners who are residents of another state can file for divorce in Georgia if their spouse meets the residency requirement.

Do I have to cite a reason for our divorce?

While you may cite your spouse’s behavior in the divorce petition, filing for a no-fault divorce is almost always faster, less expensive, and less stressful. In Georgia, you must simply state that the marriage is irretrievably broken, and neither spouse can repair the relationship. The court won’t ask you for any proof or evidence that the marriage can’t be saved.

How is marital property distributed in a divorce?

In Georgia, property obtained by either party during the marriage is divided according to the principle of equitable distribution. The court will strive to ensure each party receives a share of the assets that seems fair, depending on their earning potential and their contributions to the relationship. Bear in mind that this won’t necessarily result in a 50/50 split of the assets.

If you’re filing an uncontested divorce, the court will review your separation agreement to confirm that each spouse’s rights are protected. Consulting with an attorney will help make sure you receive your fair share of the marital assets and keep your petition from being rejected.

Will we have to go to court if we’re filing an uncontested divorce?

An uncontested divorce allows you to avoid the stress and expense of a courtroom trial. However, you will have to attend at least one hearing before a judge, who will review your documents and potentially ask questions about your separation agreement. In most cases, the court will issue the divorce decree at the end of the hearing.

Even if you’re filing an uncontested divorce, an attorney’s advice is essential for streamlining the process and ensuring a fair division of assets. For over 20 years, Hildebrand Law Office P.C. has been providing detailed legal advice to clients throughout Northwest Georgia and will help guide you through every step of the process. Visit their website for more on their divorce law services or call the LaFayette, GA, office at (706) 638-6009 to schedule a consultation.