Where do I file for divorce?
A divorce generally should be filed in the Superior Court of the defendant’s (that is, the person from whom you seek a divorce) county of residence. If defendant had previously lived with plaintiff (the person seeking the divorce) and has been gone for less than 6 months, or with the defendant’s consent, the complaint may be filed in the plaintiff’s county of residence. If the defendant no longer resides in Georgia, the divorce may be filed in the county of the plaintiff’s residence.
Where can I find more information about divorce?
The best source of information pertaining to your unique circumstances is your family law attorney (your divorce attorney). Prior to your visit with your attorney, you may want to research online. Visit the Fulton Family Division of the Fulton County Family Division Court. Similar information may be found for DeKalb County.
Divorce is Painful...
It doesn't have to be difficult.
The area called Family Law deals with legal issues surrounding family relations, including adoption, alimony, custody, child support, divorce, spousal support, and related issues. Our work in family law focuses primarily on divorce, including all aspects from initial separation to actual dissolution of the marriage. These aspects are sometimes collectively called “matrimonial law.”
What is a “counterclaim”?
Your attorney will help determine if you should file a counterclaim; that is, if you should also seek a divorce in response to your spouse seeking a divorce.
How quickly will the courts help me?
Either spouse in a divorce case – no matter who initially filed for divorce – can request a temporary hearing to resolve certain related issues on a temporary basis and until final resolution. These issues usually pertain to alimony, child custody, child support, debts, and possession of property, among other things. “Temporary orders” also may be used to prevent one party from seeing or interfering with the other party (such as a Temporary Restraining Order), to prohibit the transfer or sale of assets, and for other reasons. Your attorney can help determine if such measures are necessary and advisable.
How do I file for a divorce?
The person seeking divorce (“plaintiff” or “petitioner”) must file a “complaint” or “petition” in the appropriate county Superior Court. The document (complaint or petition) that is filed details information about the marriage: living arrangements, children, marital assets and debts, and the reason(s) for seeking divorce. A copy of the document (often referred to as “divorce papers”) are then “served” on the other spouse (“defendant” or “respondent”) by a sheriff of the appropriate county. Alternatively, the defendant or respondent can acknowledge “service” (the fact that they have been presented with divorce papers) by signing a document in the presence of a notary.
What should I do if I am served divorce papers by/from my spouse?
Once your spouse has initiated a divorce, it is imperative that you have separate legal counsel, no matter what the divorce complaint contains and no matter what your intent. In most cases, you have 30 days to officially respond to the divorce “complaint.” This process allows you to admit or deny each claim in the complaint, as well as presenting your own perspective(s).
