Georgia Divorce Law
Many people who are considering divorce end up confused about what their next step should be. Depending on the situation, there are several different paths to explore. A few of the options that someone should consider when facing a divorce include:
Is Legal Separation An Option for Me Instead of Divorce?
Legal separation is a valid option instead of divorce, although this may depend on someone’s specific situation. If one spouse files for separation but the other spouse files a counterclaim for divorce, then the case is converted to a divorce and there was no point to the separation action. Also, some people think that it’s quicker, but oftentimes it is not. There must be a Settlement Agreement to resolve all issues, exactly as there would be for a divorce. And after all that work and money spent on legal fees, at the end of the day, the parties are still married. Some people who aren’t sure if they want a divorce think that a legal separation is the way to go but if someone’s not sure if they want a divorce, then they’re not ready for a legal separation either.
How to File for Divorce in Georgia
A common question I get asked is: How do I file for divorce in Georgia? My first answer to that is to go to a lawyer to represent you in your divorce. However, for people who do not want to use a lawyer, i.e. referred to as “pro se”, they can get all the forms they need online at the website for the Superior Court in the county in which they live. Most courts nowadays are very pro-se friendly.
Contested vs Uncontested Divorce in Georgia
An “uncontested divorce” means that the parties do not have any major issues of disagreement.
On the other hand, a “contested divorce” means that the parties are unable to agree on one or more issues.
We take a look at the differences between the two in our article on “Contested vs Uncontested Divorce“
Mediation is a form of Alternate Dispute Resolution (ADR) and it’s a very effective method to help the parties work out some or all of their unresolved issues. Many courts require the parties to participate in divorce mediation before they will allow the case to be heard in the courtroom.
This is someone who provides multi-level support to someone going through a divorce but does not provide legal advice. I am fortunate to be able to refer any of my divorce clients who are interested in this type of support to Susan Eller, a Certified Life Coach specializing in Divorce Coaching for men and women.