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Georgia Divorce Online Help Center

If you have questions about how an uncontested divorce in Georgia works, please call us toll free at 1-800-680-9052 Mon.- Fri. 9am to 5pm EST.

We provide unlimited support for all of our customers through our Georgia Divorce Online Help Center. We take great pride in being able to respond to our customers in a "human" to "human" approach (as you can see, we do not hide our toll free number 1-800-680-9052). We understand the need a customer may have to talk to a person rather than the typical automated voice or e-mail support system. Please keep in mind that we are not lawyers and we do not give out legal advice. If you need legal advice regarding your uncontested divorce in Georgia, we recommend that you contact a lawyer in your area.

Can I file for my divorce in the State of Georgia?

In almost all cases, you file for a divorce in the state where you reside. This means that if you are a resident of Georgia, you file for divorce in Georgia and are governed by Georgia's divorce laws even if you were married, for example, in California.

You must meet Georgia's residency requirement for a Georgia court to have jurisdiction over your divorce.

Will Georgia 3StepDivorce™ work in my situation?

Georgia 3StepDivorce™ works in the following two situations:

1. both you and your spouse agree about everything, and both of you are willing to sign the divorce paperwork.

OR

2. Your spouse is missing and you cannot locate him or her.

Does Georgia 3StepDivorce™ work if I have children?

It sure does. The Georgia 3StepDivorce™ allows you to address all issues regarding children, including but not limited to, physical and legal custody, visitation and support, care, health insurance and tax deductions.

Do I need a lawyer to file for divorce in Georgia?

Thousands of people divorce in Georgia every year without hiring a lawyer.

When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them. This is called a contested divorce, and hiring a lawyer is a good idea in this case.

But when a case is uncontested - when you and you spouse agree about everything or your spouse is missing - filing your own divorce cuts legal costs and leaves both spouses with more money each can surely use when they begin their new lives as single people. Read about the advantages of filing your own uncontested divorce in Georgia.

What are the residency requirements for a Georgia divorce?

The residency requirements for a divorce in Georgia are as follows:

The filing spouse must be a resident of Georgia for at least six months and file in the county of residence. A nonresident may file against a resident who has lived in Georgia for at least six months in the county of residence of the respondent. Military personnel stationed in Georgia for one year may bring a divorce action in any county adjacent to their bases.

Must I prove that I am a resident of Georgia in order to file for my divorce?

Yes. The divorce paperwork requires a signed authentication that you have been a resident of Georgia for at least the past six months.

This is a state law.

Signing false statements is perjury.

If the court requires proof for some reason, typically a Georgia driver's license or state identification is sufficient. An affidavit of a corroborating witness testifying about your residency also works.

What if my spouse does not live in Georgia?

Your spouse does not need to live in Georgia to use 3StepDivorce™. After you have printed all the divorce paperwork, you simply mail the documents to your spouse and he or she signs them. After your spouse returns them, you file in your local county court. This would typically not apply to your situation if your spouse is missing.

Very often divorcing spouses live in different states.

What are the grounds for filing a divorce in Georgia?

The grounds for divorce in Georgia are as follows:

No Fault: The marriage is irretrievably broken.

Fault: 1) Intermarriage by persons within prohibited degrees of consanguinity or affinity; 2) mental incapacity at the time of marriage; 3) impotence at the time of marriage; 4) force, menace, duress or fraud in obtaining marriage, 5) pregnancy of the wife by a man other than the husband at the time of marriage, 6) adultery, 7) willful desertion for one year, 8) conviction of a crime of moral turpitude that results in a sentence of two years or longer; 9) habitual intoxication; 10) cruelty, "which shall consist of the willful infliction of pain, bodily or mental, such as reasonably justifies apprehension of danger to life, limb or health"; 11) incurable mental illness; 12) drug addiction.

How long does a divorce take in Georgia?

Once the divorce paperwork has been filed in court, it usually takes no less than 30 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Judgment and Decree. If you are divorcing a "missing spouse" expect the process to be a little bit longer.

3StepDivorce™ saves time because all lengthy delivery times are eliminated when you print your documents from your computer. You control revisions and reprintings as necessary.

Do I have to appear in court?

In Georgia, a divorce hearing is not typically required unless you and your spouse have children. If there are children involved, a short hearing, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce. Learn more about divorce hearings in G

If there are no children, the process in very streamlined. Since you and your spouse are in agreement, there is nothing for the court to decide. Learn more about divorce hearings in Georgia

After my divorce, how long do I have to wait in Georgia before I can remarry?

There is no mandatory waiting period in Georgia.

Does Georgia permit a name change as part of the divorce?

Yes. 3StepDivorce™ includes a protocol for the wife to take back her former or birth name as part of the filing. It is easier to effect a name change during the divorce rather than after the divorce is finalized. Read more about a name change during a divorce in Georgia

Does Georgia 3StepDivorce™ address the division of our property and debt?

Separate and marital property and debt is identified and addressed in your 3StepDivorce™ account. A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to. The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided. If you finalize your divorce with a "missing spouse", the court will typically not award any property and debt to one spouse or the other.

Will I be able to address our retirement accounts?

Yes. You answer a few questions dealing with individual retirement accounts. You have the option of waiving rights to each other's account(s), or dividing any marital portion of an account by a specific percentage or a dollar amount. If you finalize your divorce with a "missing spouse", the court will typically not award any portion of retirement accounts to one spouse or the other.

What about the marital home?

Once again, a few questions inside your account deal with the disposition of the marital home. All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership. If you finalize your divorce with a "missing spouse", the court will typically not award the marital home to one spouse or the other.

Will I be able to address spousal support?

A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time. These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation. If you finalize your divorce with a "missing spouse", the court will typically not award any alimony or spousal support to one spouse or the other.

Does Georgia require child support?

Georgia requires that a support order be put in place for all minor children.

3StepDivorce™ provides the Georgia Child Support Guideline Worksheet, so you can easily calculate the state's recommendation for monthly support, but you have the option of taking these recommendations under advisement. The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet.

How do I calculate how much child support I owe?

We provide Georgia Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income.

Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so.

Can I deviate from the Georgia child support guideline?

Yes. Once you and your spouse agree to a monthly child support amount, a judge reviews your decision. He or she will accept it if it seems reasonable. However, if it seems too high or too low, the judge will want an explanation why the two of you came to amount so much at variance from the state guidelines. Your explanation and reasons for it determine whether or not the judge accepts your proposed child support amount.

How do I know when I can deviate from the Georgia child support guidelines?

Georgia permits deviation from its child support guidelines when what is called the Presumptive Amount of Child Support - that is, the amount that would result from the application of the Income Shares Formula - would be "unjust or inappropriate considering the relative ability of each parent to pay."

Deviations sometimes happen when the parties prove extraordinary medical, education, and child rearing expenses that are better prorated between the parties.

Deviations down sometimes are considered when the noncustodial parent's income is below $1,850 per month. In doing this, the court must consider the financial impact that reduction in child support from the minimum would have on the custodial parent's household. No award may diminish the ability of the custodial parent to maintain "minimally adequate housing, food, clothing, and other basic necessities for the child." Deviations upward reflect the high income of one spouse as well as adjustments reflecting parenting time, travel expenses for visitation, insurance costs, child and dependent care credit, foster care, and alimony or mortgage or shelter paid to the custodial parent.

Deviation from the base child support amount is difficult because any deviation from the presumptive amount must be support by the court's written findings or a jury's special interrogatory findings.

In Georgia, can child support be modified after the divorce?

Yes. Child support can be modified based on a change in circumstances. In Georgia, a change in circumstances means "a significant change in circumstances," generally, changes "not considered when the original judgment was entered" that are "permanent and substantial" and/or "affect one's current standard of living."

In Georgia, can child custody arrangements be modified after the divorce?

Yes. Child custody arrangements can be modified when, for example, they break down because of the conduct of one of the former spouses.

Can we customize our child custody arrangements?

Yes. The terms and conditions of both sole and joint/shared custody are defined by you and your spouse.

Can we specify our visitation/parenting time schedule?

Yes. You can either use a standard schedule that we provide in your account, or you can use our option to customize your own.

In Georgia, do any or all of the divorce documents need to be notarized?

Yes. Some of the divorce papers need to be notarized. The step-by-step filing instructions explain who signs what and whether a particular document needs to be notarized. The documents requiring notarization contain notary clauses below individual signature lines.

Do my spouse and I have to sign and/or notarize the documents at the same time and/or place?

No. If desired, each of you may sign and/or notarize a document at a different time and/or place.

As mentioned, very frequently spouses sign and notarize the documents at different times and places because they live apart in different states. This happens often, for example, when one of them has moved or is in the military.

In Georgia, where do I file?

In Georgia, the divorce papers are filed in the Superior Court of ____________ County, which is the local county courthouse, where the Domestic Relations or Family Law department accepts the divorce filing. The divorce documents are submitted to the Clerk of the Courts. You pay a filing fee, and the clerk assigns the case a case number.

What is the filing fee in Georgia?

In Georgia, the fees vary by county. Roughly the fees are about $100. If you want to know the exact amount, you can call the courthouse and ask.

Filing fees underwrite the cost of the court system, but in the case of indigent petitioners these fees may be waived.

How can the fees be waived?

Normally, an indigent petitioner completes a very short form at the time of filing. This form asks the court to waive the fees because of financial hardship.

Can I stop a divorce in Georgia once I sign up?

Yes. If you have signed up but not filed any divorce papers, then nothing must be done. If you have initiated the action by filing the Petition for Divorce, your case can be dismissed by petitioning the court to do so. Normally, this can only be done by the filing spouse and must be done in writing.

Often the clerk of the court can help a person remove a case from the court docket.

What documents do I receive with my Georgia 3StepDivorce™ account?

The Georgia 3StepDivorce™ includes the following documents:

- Georgia Filing Instructions
- Disclosure Statement
- Petition for Divorce
- Domestic Relations Financial Affidavit
- Marital Settlement Agreement
- Parenting Plan
- Schedule for Visitation for Minor Children
- Schedule A- Child Support Percentages and Explanation
- Child Support - Official Code of George, 19-67-15
- Child Support Worksheet
- Affidavit Regarding Custody
- Report of Divorce, Annulment or Dissolution
- Acknowledgement of Service and Consent to Jurisdiction
- Domestic Relations Case Filing Information Form
- Final Judgment and Decree
- Domestic Relations Case Final; Disposition Form

Read more about the Georgia Divorce Papers

Copyright Notice: The above questions and answers regarding Georgia divorce is original material which is owned an copyrighted by 3 Step Solutions, LLC. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
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Disclaimer: This is a quality non-lawyer self-help divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3 Step Solutions, LLC does not practice law and does not give out legal advice. This software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more.
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