Divorce attorneys lawrencevile georgia deborah
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Divorce and Family Law serving Lawrenceville, Georgia
Results may vary depending on your particular facts and legal circumstances. In order to file for divorce in Georgia, you must be a resident of this state for at least six months preceding the filing of the action. In Georgia, all actions for divorce must be brought in the county where the defendant resides if he or she is a resident of Georgia. If the defendant is not a resident of Georgia, the action must be brought in the county where the plaintiff resides.
Atlanta Dunwoody Divorce Lawyer | Shaw Law | Family Law Attorney
Generally, the county of residence for the defendant will be the one in which he or she has resided for the six months preceding the filing of the action. Georgia law does provide, however, that a divorce case may be tried in the county of residence of the plaintiff if the defendant has moved from that same county within six months from the date of the filing of the divorce action and this county was the site of the marital domicile at the time of the separation of the parties.
The general rules of civil litigation, however, regarding entry of a judgment apply to divorce and other domestic cases in Georgia. In Georgia, all civil cases, including divorce matters, can be tried anytime after the last day upon which defensive pleadings were required to be filed. This means that a final decree of divorce may be taken at any time after 30 days from the date of service of process on the defendant. If you are filing an uncontested divorce all issues are agreed upon between the parties , the Georgia Uniform Superior Court Rules provide the court can grant your divorce beginning at 31 days after service on the defendant.
If your divorce is contested, the length of the divorce will depend on several factors. If few issues are contested, you could reach an agreement and be divorced within a couple of months after filing for divorce. On the other hand, if the case is highly contested, your divorce could last anywhere from several months to a few years. In Georgia, you must have your spouse personally served with a copy of divorce complaint.
Most counties will allow you to use a private process server. If you use a private process server, depending on the county in which you are filing for divorce, you may need to obtain an order from the court granting you such permission. Each county varies on these requirements, and you would need to contact the clerk of the county in which you filed for divorce to determine the requirements.
If you are unable to locate your spouse, you may serve him or her by publication. State law requires that you obtain an order from the court granting you permission to perfect service by publication. In Georgia, you cannot file for divorce in the municipal, city, or state court.
You must file for divorce in the Superior Court of the county in which the opposing party resides. These rules outline how much time you have to respond to certain motions or to prepare and file certain documents, as well as which documents are required for the filing of certain actions. If you are not aware of the timing of when you need to respond or prepare basic forms, you could negatively impact the outcome of your case. As far as the laws are concerned, every county will adhere to the same state law; however, the interpretation of the laws is up to the judge that is assigned to your case.
Certain counties are known for frequently awarding maintenance while others are not. This is not because that county follows a different set of rules. The reason behind the diverse outcomes in similar situations is due to individual judges interpreting the laws in his or her unique way.
Fulton County handles its domestic relations cases differently.
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In , the Fulton County Family Division was established. Can the lawyer estimate the cost of your case?
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Female Attorneys in Lawrenceville, GA
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