Frequently Asked Questions
Can I get a no-fault divorce?
In Georgia, you can allege in the Complaint for Divorce that your marriage is irretrievably broken which is a no-fault ground for divorce.
Can I get a divorce if my husband (or wife) does not want a divorce?
In Georgia, even if your spouse does not want to be divorced, you may file for divorce, testify that the marriage is irretrievably broken and the Court will grant you a divorce. Even if your spouse files an Answer to the Complaint for Divorce denying that the marriage is over and testifies that counseling might help the parties to reconcile, the Court will grant the divorce if one party testifies that it is irretrievably broken.
How long does it take to get divorced?
In Georgia, you can be divorced in thirty-one days from the time the Complaint for Divorce is filed if neither party contests the divorce and all issues are settled. Most divorces take more time to resolve all issues.
Can I be legally separated?
In Georgia, there is no statutory provision for a legal separation. You do not have to be separated for a specific period of time before the Court will grant you a divorce as is required in some states.
Will the Court make my husband (or wife) pay my attorney’s fees?
You can request that the Court award you attorney’s fees in a divorce; however it is left entirely to the Court’s discretion as to whether attorney’s fees will be awarded and, if so, how much.
How much will my divorce cost?
How much a divorce will cost depends entirely on decisions made by the parties as to how they proceed. When parties agree as to how to resolve issues prior to filing a divorce and enter into an agreement, they may file an uncontested divorce. This is the least expensive way to divorce. If one of the spouses is not forthcoming in providing the documents needed to resolve the case, the case becomes more costly. If the spouses are able to resolve all issues in mediation, it will be less costly than litigating the case. There are numerous other factors that affect the total expense. It is impossible to predict in advance how much your case will cost.
What should I do if I am served with divorce papers?
You should immediately contact an attorney. There are time requirements that begin to run at the time you are served. It is important that you seek legal advice as soon as possible.
What do I do if my husband (or wife) does not obey the divorce decree?
You should contact an attorney to obtain advice immediately. You may file a motion and have the Court enforce the Final Judgment and Decree.
Can my ex-husband (or ex-wife) and I change the divorce decree without going back to Court?
In order to change an order of the Court, you must file a motion and ask the Court to modify the Final Judgment and Decree. If you change the order yourselves without the Court’s permission and act upon the change to which you and your former spouse agreed, it may result in adverse consequences to you in the future.
If my spouse and I agree on everything, do I still need a lawyer?
A Georgia lawyer is able to anticipate issues that may occur in the future which you and your spouse may not foresee. Each spouse needs to understand how the law will impact the particular issues in their own situation in order to make fully informed and appropriate decisions. Only an attorney will be able to prepare an agreement that foresees and handles all issues as to children, assets, and liabilities under the laws of Georgia in a way that will minimize future disputes. An attorney understands the procedures of the Court system and is better able to maneuver your case through the Court system than you would be able to since an attorney appears in Court many times a year and knows the procedures, personnel, and rules under which you must operate.
