Georgia Online Divorce | Filing for a Divorce Online (GA)

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Benefits of an online divorce

Why Choose Divorce.com?

Divorce.com provides a convenient and affordable solution for preparing divorce paperwork without a lawyer.

Using this online divorce service, you will get comprehensive assistance in filling out all the necessary court forms, according to the specific requirements of your state and county and your unique circumstances.

You only need to answer the questionnaire on the website so that we can help you customize the required Georgia divorce forms.

Work with your files whenever you feel comfortable.
Make pauses and unlimited changes to your answers if needed.
Your forms will be ready in PDF format two business days after the questionnaire is completed.

Download the documents. Then print, sign, and file them with your local court, following our step-by-step guide.

Available for all couples pursuing an uncontested divorce, Divorce.com helps avoid paperwork hassles and prepare for the filing process as quickly as possible.

Georgia Divorce Forms

The divorce forms the spouses must prepare to apply for divorce in Georgia can vary depending on the type of divorce, the county where the case is filed, and the circumstances of a particular couple.

Generally, Georgia divorce forms include:

Complaint for Divorce
Case Filing Form
Verification (must be notarized)
Summons and Sheriff's Service Form
Domestic Relations Financial Affidavit
Mutual Restraining Order (some counties)
Domestic Relations Standing Order (some counties)
Acknowledgment of Service
Settlement Agreement (signed before notaries by both parties)
Final Judgment and Decree of Divorce
Domestic Relation Case Disposition Form
Child Support worksheets (divorces with children)
Parenting Plan (divorces with children)
Divorcing Parents Seminar Certificate of Completion (divorces with children)
Answer to Divorce (to file by the respondent)
Affidavit of Poverty (to request a fee waiver)

Divorce forms preparation

How to Fill Out Divorce Forms in Georgia

Even the most straightforward and amicable divorce requires proper paperwork. However, this step of the divorce process can be rather challenging and time-consuming for a person without relevant experience. The spouses should be very careful to avoid mistakes when filling out divorce papers independently.

Choose the forms kit for your type of divorce (with or without minor children). Review the provided blanks to select which correspond to the circumstances of your case.
Review each of the forms thoroughly and read the provided instructions.
Get familiar with legal terminology and relevant Georgia family laws.
Check which information, personal data, etc., you need to provide, and gather additional documents if required.
Determine what matters are to be discussed with your partner. The spouses must agree on all important terms of their dissolution in advance to file for an uncontested divorce.
Fill out each form carefully. However, please note that some forms are provided for the non-filing spouse (the respondent).
Proofread the documents. Even a minor mistake or misprint in divorce forms can lead to the case being rejected.

The prepared divorce documents must be signed, and some must be notarized. Besides, the spouse initiating the case (the petitioner) must make copies of the initial divorce forms to serve the other spouse.

Those divorcing spouses who would like to avoid the complicated process of filling out legal forms can take advantage of Divorce.com and save their time and nerves. With Divorce.com, you will get top-notch divorce forms, ready to be filed with a court.

Filing for
Divorce in
Georgia

Steps to Consider

Residency Requirements

For Georgia courts to have jurisdiction over a divorce case, a couple must meet the state residency requirements.

According to Family Law, either spouse must have been a Georgia resident for at least six months before filing the petition. Thus, non-residents can file for divorce in the county where the non-filing party (who meets the residency requirements) lives. If both spouses are state residents, the Complaint for Divorce must also be filed in the county where the respondent resides.

Grounds for Divorce

Georgia Family Law recognizes both no-fault and fault-based grounds for divorce. The only no-fault ground is the Irretrievable breakdown of the marriage.

Georgia fault-based grounds include, but are not limited to, marriage between people too closely related, mental incapacity, impotence, adultery, wife's pregnancy by another man without the husband knowing, willful desertion for at least one year, habitual intoxication or drug addiction, cruel treatment, incurable mental illness, etc.

Initial Filing

In Georgia, divorce cases are processed at the Superior Court of an appropriate county.

To initiate a divorce, the petitioner must fill out the Complaint for Divorce and other divorce forms, sign them (in front of a notary if required), and make two sets of copies of all the papers.

The completed forms must then be filed with the Clerk of the Superior Court in the county where either spouse has lived for at least six months or through the court's e-filing system, if it is available in a given county.

Filing Fees

When the petitioner files the initial divorce papers with the court, they must pay a mandatory filing fee. In Georgia, it is about $220, varying slightly from county to county (the fee schedule can be found on the website of a Clerk of Superior Court of the relevant county).

However, if the petitioner cannot afford the court fees, they can ask for a fee waiver by filing an Affidavit of Indigency and Eligibility to Proceed In Forma Pauperis.

Serving the Respondent

Unless the respondent agrees to sign an Acknowledgement of Service form before a notary public, the petitioner must serve them with copies of all submitted documents.

However, the petitioner cannot deliver the papers by themselves. Instead, personal service can be accomplished in one of the following ways:

by the sheriff of the county where the action is filed;
by any other court-approved process server;
by publication (if the respondent cannot be found).

Waiting Period

Georgia Family Law provides a mandatory waiting period in all divorce cases, regardless of what grounds the spouse files for divorce under and regardless of whether a divorce is contested or not.

The 30-day waiting period begins once the respondent is served with copies of divorce papers. Thus, even an agreed upon divorce cannot be finalized earlier, regardless of how quickly the respondent files an answer to the Complaint for Divorce.

Finalizing a Divorce Case

In an uncontested divorce in Georgia, the spouses are not always required to attend a final hearing to finalize a divorce.

The judges still have broad discretion to schedule a hearing, especially if the divorcing spouses have minor children. However, if the spouses do not have kids and want to proceed without holding a hearing, they can file a Motion for Judgment on the Pleadings and ask the court to enter a divorce decree based on the submitted Settlement Agreement.

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Uncontested Divorce in Georgia

An uncontested divorce occurs when both parties agree to terminate their marriage and resolve all their disputes about alimony, property and debts division, child custody, etc., without court involvement.

So, they do not rely on the judge but memorialize the terms of their separation through the Settlement Agreement and then submit it for court approval.

Uncontested divorces typically take less time than contested ones. Besides, the spouses can reduce divorce expenses by filing for an agreed upon divorce. Refusing litigation allows the spouses to arrange their divorce without addressing a law firm or to take advantage of alternative dispute resolution methods (for example, mediation, based on negotiations between the parties). And if they have problems with paperwork, they can use online divorce services, like Divorce.com.

Getting a Divorce with Children in Georgia

Child custody

The divorcing parents of minors can either agree on all the child-related issues on their own or rely on the judge's decision. In either circumstance, both spouses together or each party separately must prepare a Parenting Plan specifying proposed child custody and visitation terms.

The court shall consider the submitted parenting plan to determine whether it meets the child's best interests.

Typically, Georgia courts presume that shared legal custody (the right to make essential decisions about the child's upbringing) and some form of shared physical custody (when the child spends significant time with each parent) is in the child's best interests unless proven otherwise.

Custody evaluation factors that influence the judge's decision in a particular divorce case include, but are not limited to:

Each spouse's parenting skills
Each spouse's willingness and ability to communicate and cooperate with the other parent
The child's mental and emotional condition and development
The child's relationship with each parent
Each parent's physical and mental health
The child's wishes (given the child is mature enough to express such preferences);
Any custodial agreements between the parents
Any history of domestic violence and abuse
And other factors the court may deem relevant

Child Support

In Georgia, child support can be paid by either or both parents, depending on the circumstances of the case, custody arrangements, the child's needs, and the parents' financial capacity.

The spouses can determine an amount of child support independently by using the Online Child Support Calculator and Georgia Basic Child Support Obligation. This table helps determine the basic payment, taking into account the parents' combined gross income and the number of children.

If the parents cannot agree, the court orders child support and determines its amount after considering the following factors:

The child's age
The child's educational, daycare, and medical costs
The current child custody arrangement
Each parent's support obligations to other children, if any
The custodial parent's income
The price of insurance coverage for the child, etc.

Divorce Without
a Lawyer
in Georgia

Getting a divorce can cost a fortune due to legal fees. However, if the spouses are ready to negotiate and resolve their disputes out of court, their dissolution doesn't need to be that expensive.

Those couples who have a Settlement Agreement covering such issues as alimony, property division, child custody, and support, etc., and do not want to seek legal advice, can attempt a DIY divorce and save both time and money.

Instead of hiring a divorce lawyer, the spouses may resort to a mediator who can help them develop their Settlement Agreement or Parenting Plan or they can simply use Divorce.com to complete all the required documents without a hassle.

Divorce.com provides a straightforward tool for all those who do not want to grapple with paperwork by themselves. This online divorce service guides its users through all the steps of creating a divorce application, from selecting the relevant legal forms to filling them out according to the state laws and civil procedure rules.

Just answer a list of questions concerning your case, and get your full divorce packet in only two business days at a much lower price than the average lawyer fees for an uncontested case.

Frequently Asked Questions

How long will it take to get divorced in Georgia?

The mandatory 30-day waiting period defines the minimum possible time needed to finalize a divorce in Georgia. However, most uncontested divorces take between 40 and 60 days.

Can I get a free divorce in Georgia?

Yes, it is possible if the spouses arrange a DIY divorce. As for filing fees, the petitioner who cannot afford them can ask the court for a fee waiver by filing an Affidavit of Indigency and Eligibility to Proceed In Forma Pauperis.

How do I file for divorce in Georgia?

The petitioner must complete and file the Complaint for Divorce and other divorce forms with the Clerk of the Superior Court or through the court's e-filing system if it is available in their county.

How much does a divorce cost in Georgia?

The average cost of divorce in Georgia is about $10,000. The spouses can reduce costs by filing for an uncontested divorce and preparing their court forms using Divorce.com.