Preparing For An Impending Divorce In Georgia

Essential Preparations For Divorce Proceedings

If you find yourself on the precipice of filing for divorce, or if your spouse has already initiated the process, there are several key steps you can take to prepare.

• Financial Planning: Begin by setting aside funds to cover upcoming expenses. These may include attorney’s fees, mediation costs, court filing fees, and service process fees, among others. While an agreed-upon divorce is typically more affordable, a contested divorce can be considerably more expensive.
• Document Safety: Collect vital documents such as birth certificates, marriage certificates, and any divorce certificates from previous marriages. Storing these at a secure alternate location can be beneficial, especially when seeking government assistance.
• Safety Measures: For those facing domestic violence, developing a safety plan is of utmost importance. Local shelters often provide assistance in creating such a plan, which could include storing clothes and essentials at a safe location.

Understanding Georgia’s Stance On Legal Separation

Georgia does not acknowledge legal separation via agreement. While an ‘action for separate maintenance’ is recognized, it isn’t a prerequisite for divorce. There is no mandatory separation period before filing for divorce. However, post-filing, a minimum waiting period of 31 days is required if the grounds of divorce are that the marriage is irretrievably broken.

The Divorce Process Simplified

There are typically two categories of divorce: uncontested and contested.

• Uncontested Divorce: In this scenario, I prepare all the necessary paperwork. After signing, the papers are filed and a mandatory waiting period of 31 days commences. If children are involved, the parties must attend a ‘divorcing parent seminar’. Following the waiting period, we attend court at a predetermined date and time. If all goes as planned, the judge finalizes the divorce.
• Contested Divorce: This process is more complex. Mediation is required prior to any trial. If mediation fails, we proceed to trial. The pre-trial period often involves discovery, a process of question exchanges, and documentation requests between both parties. Information such as pay stubs, tax returns, and arguments for child custody are gathered in advance to avoid surprises at trial. The specifics vary based on financial and custody matters unique to each case.

Simultaneous Settlement Of All Divorce Matters

Yes, all matters pertaining to divorce, such as child and spousal support, asset division, and custody, are usually resolved concurrently. While there’s no legal mandate enforcing this in Georgia, the prevailing practice is to settle the entire case at once, rather than in parts.

Role Of An Attorney In The Divorce Process

In Georgia, each party typically retains their own attorney, as one attorney cannot represent both sides. As your attorney, I would handle all aspects of your divorce. This includes, but is not limited to, matters like real estate transfers between parties, name changes, and all other elements associated with the divorce process.

Waiting Period For Divorce In Georgia

In Georgia, the divorce process incorporates a mandatory minimum waiting period of about a month (30-31 days) post-filing. However, this is not the total duration of the divorce process.

For an uncontested divorce, it might take approximately six to seven weeks from the time of filing to the court hearing. The timeframe could extend if a parenting class (required when children are involved) is not promptly taken.

If the divorce is contested, the process can be much longer. There are cases where parties have been striving to finalize their divorce for over a year. Therefore, the duration of the process varies depending on the specifics of each case.

For more information on Preparing For An Impending Divorce In GA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (706) 280-7152 today.