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Divorce (1)+

Divorce Information with Audio Commentary (8)+

  • 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

  • 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

  • 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

  • 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

Know Your Rights Articles (4)+

  • Pauper's Affidavit (Request to File without Paying Fees)

    The Pauper's Affidavit, also known as a "pauperis" affidavit, can be filed by very low-income persons to avoid paying filing fees to the court. Usually the judge will review the affidavit and make a decision about whether you have to pay fees or not. If you file this affidavit, you must be ready to respond to the judge about your income. Read More

    By:
    Georgia Legal Services Program®
  • 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

  • Vital Records Divorce Form 3907

    The Vital Records Branch of the Division of Public Health, Georgia Department of Human Resources requires everyone who files divorce actions to accompany their petitions for divorce with the Vital Records form (known as the "Gray Sheet" in years past), Form 3907. All new divorce petitions MUST be filed with the courts using this new form. Content Detail

    By:
    Vital Records Branch of the Division of Public Health, Georgia Department of Human Resources
  • 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