The Divorce Process in Marietta, GA.

Thinking of getting a divorce in Marietta, GA? You might be seeking information about the process and wondering how much time it will take. If so, this article will give you some of the answers you seek.

If you need help in filing for a divorce, please contact a skilled attorney to represent you.

Justification for Divorce.

In order for a court to grant a divorce in Georgia, the two parties must have irreconcilable differences that would prevent them from ever mending the marriage. If the two spouses are no longer living together or in a romantic relationship with each other, this is enough to justify a divorce under Georgia law. There is no requirement that either party be at fault.

Filing for Divorce.

The process begins when one of the spouses files a petition for divorce. The person who does this must have lived in the county where it is filed for at least six months and pay a filing fee that varies depending on the particular county. Here in Cobb, the fee is $218.50.  The spouse who does this is thereafter referred to in the law as the “plaintiff” in the divorce, while the other spouse is considered to be the “defendant”.

Responding to a Divorce Petition.

After the plaintiff files the petition, the sheriff will serve the other spouse with it. From the time this is done, the defendant has just 30 days to respond to it. If the other spouse does not respond in time, the plaintiff can have a hearing scheduled within fifteen days of this time passing (or 45 days from the petition being served on the defendant). Unlike many states, Georgia does not allow “default judgments” in divorce cases. The plaintiff must still prove his or her case at a hearing, even if the defendant doesn't respond to the petition. However, if the defendant does not respond, he or she often loses the right to further notice in the case and might not even know when the hearing for divorce is scheduled. For this reason, it is very important for the defendant to answer the petition promptly.

Length of Time in Divorce Cases.

In many divorce cases, the two spouses will agree on how common property is to be divided, who is to have custody of the children, and what the child visitation rights of the other parent will be. In such a case, a divorce can be finalized in as little as 31 days. However, if there are disputes about any of these issues, the case may have to go to trial. In that circumstance, it could take up to six months for the divorce to be finalized.

Preliminary Injunctions.

If the divorce must go to trial, the judge will often issue a preliminary injunction that will stay in effect until the trial is over. This preliminary injunction will prevent either spouse from hiding or destroying property held in common between them, changing insurance policies that affect the other spouse, or taking their children out of Georgia.

Going to Trial.

If the two spouses still cannot agree on custody and property issues by the time the case goes to trial, a judge will decide these issues based on what he or she thinks is equitable to both parties and in the best interests of the children.

Where to Begin.

If you are considering getting a divorce in Marietta, GA, you should get a skilled attorney to represent you. This is the most effective way to deal with the intricate world of divorce law.