If you are pursuing a divorce in Georgia, it’s important to know what to expect in the process. When you hire a divorce lawyer, you have a better chance at proper representation and obtaining a good outcome versus representing yourself. Here’s what you can expect from the divorce process in Georgia:
Your Attorney Will Gather Information & Fill Out the Correct Forms
When you hire a divorce attorney to guide you through the process, he or she will gather appropriate information to fill out your Complaint for Divorce and other forms. It will state important information such as proving residency and addressing the grounds for divorce. If you are pursuing an at-fault divorce, you will have to clarify which ground you are pursuing. Grounds for divorce include:
- Abuse – physical, drug, alcohol, etc.
- Desertion for 1+ years
- Familial marriage
- Mental incapacity or incurable mental illness
- Prison sentence for 2+ years
- & Others
Your attorney will talk to you about your wishes regarding child custody, assets, debts, child support, and alimony. These wishes will also be listed in the Complaint for Divorce. If you have questions about any of these factors, talk to one of our family law attorneys at Eittreim Martin Cutler, LLC.
Your Attorney Will File Your Divorce Complaint & It Will Be Served to Your Spouse
Your lawyer will file your forms in the correct Superior Court. Normally, the forms are filed in the county in which you or your spouse lives. Then, your spouse must be notified of the divorce complaint. Many people request a sheriff or a certified process server to give your spouse the papers. If he or she does not accept them or cannot be found, another way to serve the papers is via a newspaper publication. Your divorce attorney will guide you through this process if serving the papers becomes challenging.
Your Attorney Will Guide You Through Negotiation or Trial
If you and your spouse can agree to – or negotiate – the terms of the divorce complaint, then a divorce trial may not be necessary. It is less costly and less time consuming to reach an agreement for the divorce during negotiation. However, if you and your spouse cannot come to an agreement, the divorce details will be decided by a judge in the courtroom. Whether you deal with negotiation or a trial, your divorce attorney will fiercely represent you and fight for the best possible outcome.