How do I file for divorce?

On Behalf of | Oct 21, 2022 | Divorce, Family Law

Once you make the decision to divorce your spouse, you will want to file as soon as possible. Being the first to file can have benefits, and it allows you to control where you file.

It is important that you ensure you file properly and in the right place. You may need to do a little research about filing for divorce within the state of Georgia. Mistakes in the process could slow everything down and delay your divorce.

Where to file

You must file in the county in which you live or in which your spouse lives. But you must have lived in the county for at least six months. For example, if you just moved to a county, you would only be able to file in the county in which you previously lived. If you moved from a different state, you will have to wait six months to file. The time constraints are important, so make sure you plan ahead. Filing in the county in which you live means all the in-court meetings will happen in that county. You do not want to have to keep traveling to another county to handle your divorce proceedings.

How to file

You will file a petition for divorce with the county’s Clerk of the Superior Court. Make sure your petition contains all the required information, including the grounds. You must state the reason why you wish to end your marriage. If you leave out details or information, the court may not accept your petition. You will also need to decide if you have a contested or uncontested divorce. Contested means you and your spouse are not in agreement about the terms. Uncontested means you have reached an agreement on all terms.

Filing for divorce first puts you more in control of the situation because you get to present information first to the court and get the process moving.