Deciding to file for a divorce can be one of the hardest decisions you make in your life. While this is only one part of the road ahead, you must also face the legal technicalities of the process. Here are three requirements you should not miss.
Residency in Georgia
You or your spouse must be a resident of Georgia for at least six months. If either spouse meets this requirement, the next step is filing in your or your spouse’s county of residence.
Grounds for filing a divorce
Your petition or complaint for divorce should include the legal grounds for the dissolution of the marriage. In Georgia, you may file under these circumstances:
- No-fault: The marriage is irretrievably broken and has no options for reconciliation.
- Fault-based: The marriage ends due to one of the 12 fault grounds, including adultery, impotency and desertion.
After filing with the county of residence, ensure to serve the papers to your spouse to notify them about the divorce formally.
Complete financial disclosure
Because Georgia follows the equitable distribution rule, the courts require you and your spouse to provide a financial disclosure. This outlines your income, assets, debts and expenses, which judges review to determine the division of property.
You must ensure that your disclosure is complete and accurate. The courts will punish those who hide assets, underreport income or shift funds.
How legal assistance can help in your divorce
Divorce can be technical, especially when you are facing a highly contentious case. Aside from the legal papers that require filing, you must also address property division, child custody, alimony and other matters. An experienced divorce attorney can provide the guidance you need.