Uncontested Divorce in Georgia

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Divorce is a highly sensitive issue. It has a long term impact on life. It is really worthwhile if the divorcing couple agrees with each other on all major issues and initiates the procedure of an uncontested divorce. Studies reveal that most of the separating spouses go for uncontested divorce in USA. An uncontested divorce is an easy way of obtaining divorce. The couple need not pass through the emotional trauma that a contested divorce unfolds. However, there are certain simple cases for which an uncontested divorce seems to the best option. This is also true about Georgia. If you are going to fight an uncontested divorce in Georgia, you need to know certain facts and laws that are relevant in your case.

In the state of Georgia, the individual filing for divorce is referred as the Petitioner. The spouse who provides a response to the divorce action is known as the Respondent. The venue for filing the divorce action is the Superior Court in the various counties in the state.

In Georgia, a divorce case is said to be uncontested when one of the following two conditions arises-

  • The divorcing couple reaches an agreement on each issue like alimony, child support, visitation, child custody, liability and asset distribution
  • The Respondent does not respond and defaults

In order to provide a clear picture of such a divorce, we provide here some relevant information regarding various requirements and factors.

Residency Requirements

In order to file for an uncontested divorce, the Petitioner must be residing in the state for minimum 6 months and must file in the county where he or she resides. A divorcing partner, who is not a resident of the state, may file against a partner who has been residing in the state for 6 months. However, such a filing must take place in the county wherein the Respondent resides.

Grounds for Uncontested Divorce in Georgia

Fault grounds: A divorce can be filed on the basis of the following grounds-

  • Incest
  • The Wife becomes pregnant from a man other than her husband at the time of marriage and this fact is not known to the husband
  • Dearth of mental capacity in one spouse, inclusive of temporary incapacity due to drugs or alcohol
  • If the consent to marriage is obtained by force, duress or fraud
  • Habitual intemperance (drunkenness)
  • Inhuman and cruel treatment which may put the life of the suffering partner at risk
  • Willful desertion
  • Separation due to mental illness
  • Confinement for incurable insanity
  • Drug addiction and / or alcoholism
  • Imprisonment and conviction for a period in excess of 2 years due to a crime involving moral turpitude
  • Adultery
  • Impotence

No-fault grounds: This ground indicate the Irretrievable breakdown of the marriage.

Whether the divorce is contested or uncontested, it is necessary to complete the paperwork at the right time. So you should be aware of all the required forms and documents.

Forms related to Uncontested Divorce in Georgia

Along with the Petition, the Petitioner is supposed to file the below mentioned forms-

  • Acknowledgment of Service and Consent to Jurisdiction or Sheriff's Entry of Service
  • Report of Divorce, Annulment or Dissolution of Marriage: This is a state form that reports the particulars of marriage and is used for statistical reasons
  • A Domestic Relations Case Filing Information Form: This document is used for identification of the parties and the type of court case, inclusive of modification and contempt proceedings
  • A Disclosure Statement: This is a type of cover sheet that identifies the parties and indicates the type of court action - divorce or annulment

When the divorce papers are served, the final hearing is scheduled. At this hearing, the following forms are prepared-

  • Agreement: This document is developed after negotiations and describes the terms and conditions of distribution of marital property, support, visitation and custody
  • Domestic Relations Case Final Disposition Form: This document indicates the outcome of the action. It is identical to the Domestic Relations Case Filing Information Form
  • A Final Judgment and Decree: This is a court order that terminates the marriage

In case the divorcing couple has minor children then an Affidavit Regarding Custody must be filed by them.

It is to be remembered that divorce is an significant decision of life. So while obtaining an uncontested divorce in Georgia, the divorcing couple must make attempts to follow the procedures honestly so that they can look forward to a good future.

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