Do it Yourself Georgia Divorce

By Jeff Franco J.D./M.A./M.B.A.

Filing for a divorce in Georgia can be expensive if you hire an attorney to assist you. Depending on the complexity of your case, however, you may be able to do it yourself. In Georgia, the superior court in each county has jurisdiction over divorce matters. Before you can begin the divorce process, you need to familiarize yourself with the court procedures of your county and the fundamental concepts of Georgia divorce law.

Georgia Superior Courts

The initial step in any Georgia divorce is identifying the court that has jurisdiction over your case. The Georgia superior courts establish jurisdiction over divorce cases through the residency of the parties. If you are the one initiating the divorce proceedings, you must file a petition for divorce in the county where your wife currently resides if different from the county where you shared a marital home. However, if your wife leaves the county within six months after the petition is filed, you can initiate the case in the county of your former marital home.

Court Procedures

Once you determine the appropriate superior court, you should access its website to obtain procedural information. In Fulton County, for example, the courthouse website publishes a comprehensive document that provides step-by-step instructions for obtaining a divorce and includes a list of forms you may need to file, all of which are available on the courthouse website. Most counties in Georgia will publish similar divorce instructions that make it possible to handle your divorce without legal assistance.

Divorce is never easy, but we can help. Learn More

File and Deliver Petition

As is the case with any lawsuit, you must file a petition or complaint with the clerk of the court to officially begin the divorce proceedings. All courts will require that you provide your wife with notice of the petition and file proof of service with the court. In Fulton County, for example, you have two options for completing the notice requirement. If your wife intends to cooperate with the divorce proceedings, you can have her sign an acknowledgment confirming receipt of the petition. However, if your current relationship with your wife is contentious or she is contesting the divorce, you can have the county sheriff serve the petition on her instead. Once the sheriff completes this service of process, he will sign a statement attesting to delivery of the petition that you can file with the court.

Uncontested by Spouse

If your wife isn’t contesting the divorce, meaning that you both consent to the divorce on no-fault grounds, and you both agree on all issues such as child custody, child support payments, the division of marital assets and alimony payments, handling the divorce yourself without an attorney will save you a substantial amount in legal fees. Moreover, the lack of complexity can allow you to finalize the divorce in as little as 31 days. However, if the divorce is contested, the complexity of the Georgia divorce proceedings may require the assistance of an attorney.

Divorce is never easy, but we can help. Learn More
How to Get a Divorce When You Don't Know Where He Is in Haralson County, GA?


Related articles

How to Obtain a Divorce in North Carolina

If you wish to obtain a divorce in North Carolina, you can hire an attorney to handle the process for you or you can file on your own. If you opt to represent yourself in divorce proceedings, you will be known as a "pro se" litigant. You file divorce papers in the North Carolina county where you reside. Because specific rules for filing can vary from county to county, North Carolina State University suggests that you contact your county's clerk of court before you proceed with a divorce action.

How to File a Divorce in the Dallas County Courts

To file for a divorce in Dallas County, Texas, at least one party to the divorce must be a resident of Texas for a minimum of six months and a resident of Dallas County for at least 90 days. You should confirm that either you or your spouse meets these residency requirements before attempting to file for divorce in Dallas County, Texas.

How to Divorce a Wife That Left the State

When a wife has left the state, it is still possible to file for divorce. Often, a couple may file for divorce in either spouse's state of residence. That said, most states have length of residency requirements, so if your wife recently moved, you may need to file for divorce in your home state. Further, although you may have the choice of where to file for divorce, consider logistical factors when choosing a jurisdiction. For example, choosing your wife’s state of residence may be costly and inconvenient in contested cases where the court will need to hold a trial.

Get Divorced Online

Related articles

How Does a Spouse Get Served for a Divorce in Broward County?

After you file a divorce petition in Broward County, Florida, you must provide your spouse with a copy of the filed ...

How to File Your Own Divorce Papers in Tennessee

In order to file for divorce in Tennessee, you must draw up the necessary papers, file them with a court clerk, have ...

How to Get a Divorce If You Are an Inmate in a State Prison in Georgia

Divorce is the legal recognition that your marriage has ended. If you or your spouse is an inmate in a state prison in ...

Do-It-Yourself Divorces in California

California is a no-fault divorce state, meaning that the courts will not consider the guilt or innocence of either ...

Browse by category
Ready to Begin? GET STARTED