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Divorce (13)+

Divorce Information with Audio Commentary (14)+

  • About Divorce Law in Georgia (Audio/Podcast) audio

    This podcast covers basic legal information about Divorce in Georgia. Mike Monahan, Pro Bono Director of the State Bar of Georgia talks with Vicky Kimbrell, Family Law Specialist Attorney from Georgia Legal Services Program. Visit GLSP.org for Kimbrell's contact information. Read More

    By:
    Georgia Legal Services Program®

  • Can I get a legal separation?

    In Georgia, you become legally separated from your spouse once you intend to be separated and stop having sexual relations with your spouse. Click link for more information. Read More

  • Can I represent myself in a divorce?

    Yes, you have the right to represent yourself. Some people end up going to court over and over again because they are unaware of certain rules. So, if possible, you should hire a lawyer. Click for more information. Read More

  • Does Georgia recognize common law marriage?

    A common law marriage is a marriage that is created without a marriage license. As of January 1, 1997, new common law marriages cannot be created in Georgia. Click for more information... Read More

  • How long does it take to get a divorce?

    The answer to this question depends on whether you and your spouse are cooperating or fighting about the divorce. If you and your spouse sign a settlement agreement and fully cooperate in the court process, your divorce may be final as soon as 31 days after you file. If your spouse refuses to sign a settlement agreement but otherwise does not fight (i.e., does not file an answer), it can take between 46 and 60 days to finalize the divorce, or longer if the court schedule is busy. If you and your spouse are fighting about property or children, your divorce can take many months or even years to finalize. Read More

  • I have not seen my spouse for years and I do not know where my spouse is. How do I get a divorce?

    You will need to tell the court that you tried to find the defendant. You will sign a sworn statement (affidavit) where you: 1. swear that to the best of your knowledge the whereabouts of your spouse are unknown; 2. swear that you have used reasonable diligence in trying to find out where the defendant is (i.e., you tried hard to find him or her); and 3. State what the last residence of the defendant was. Next, you will file a motion (along with the affidavit) asking for permission to serve/notify the defendant by running an ad in the newspaper (service by publication). Once the Judge gives permission for service by publication, you will publish the notice in the newspaper for four (4) consecutive weeks. If your spouse does not file an answer, the court can grant your divorce as early as 60 days after the first notice ran in the paper. You will have to attend a hearing before the judge can grant your divorce. NOTE: In a divorce by publication, the court cannot award alimony, child support, or property located outside of Georgia. If you lie to the court about your knowledge of your spouse?s whereabouts, the divorce can be overturned later, and you can be prosecuted for perjury. Read More

  • Is there a waiting period for a divorce in Georgia?

    You must have lived in Georgia for at least six months before you can file for divorce in Georgia. If you live on a military base, you must have lived in Georgia for at least a year. Read More

  • My spouse does not live in Georgia. Can I still get a divorce in Georgia?

    You can get a divorce in Georgia if your spouse lived in Georgia at one time. You will need to do additional reading about Georgia?s ?Domestic Relations Long Arm Statute? to make sure you meet the special requirements in this situation. Read More

  • My spouse has never lived in Georgia. Can I still get a divorce in Georgia?

    You may get a divorce in Georgia if you have lived here for six or more months. However, if the court is unable to get personal jurisdiction over your spouse, the court cannot award alimony, child support, or property in another state. Personal jurisdiction means that there are enough connections between your spouse and the State of Georgia that the Georgia Courts have the power to make decisions that will affect your spouse. It is very hard for a court to get personal jurisdiction over someone who has never lived in the state. This is a complicated situation in which you will need a lawyer. Read More

  • There's nothing to settle; I just want a divorce. Why do I need a settlement agreement in an uncontested divorce?

    In our legal system, the only way to avoid going to trial is to settle out of court. If you have no marital property, the settlement agreement is a way to tell this to the court. If you do not want alimony, you may use the settlement agreement to let the court know of your decision. If you have no debts with your spouse, the settlement agreement notifies the court of this fact. In short, the settlement agreement is your contract regarding the terms of your divorce. If you want an uncontested divorce (without a trial), then you must have a contract (settlement agreement) that handles all of the issues that arise in every divorce. Read More

  • Can my spouse and I agree to have no child support?

    A brief audio explanation ... Content Detail

    By:
    Georgia Legal Services Program®

  • What if my spouse is abusive?

    A brief audio presentation ... Content Detail

    By:
    Georgia Legal Services Program®

  • What is no-fault divorce?

    In a no-fault divorce, you need not prove that your spouse did something wrong to get the divorce. No one has to be "at fault". It's enough that you don't want to be married anymore. You can get a divorce even if your spouse does not want a divorce. You may have heard the term irreconcilable differences. In Georgia, the phrase is: "the marriage is irretrievably broken." To get the divorce, you need to claim that there is "no hope of reconciliation" ? that there is no hope that you and your spouse will get back together. Also, you need to be separated from your spouse. Read More

Domestic Violence (1)+

Help Filing Taxes (1)+

Marriage (4)+

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Go to: Gwinnett Family Law Clinic Forms.
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