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HOW TO FILE GEORGIA UNCONTESTED DIVORCE PAPERS

This is a summary of Georgia uncontested divorce filing procedures with an explanation of the primary divorce papers that are filed. The 3StepDivorceTM for Georgia helps you prepare all the required paperwork and provides you with much more in depth step-by-step filing procedures to finalize your own divorce than the ones presented below. 3StepDivorceTM will show you how to file for your own uncontested divorce in Georgia. This summary is written to give you a brief overview of the process and time-line.

Filing With Georgia Courts

In Georgia the pro se filer must complete a number of forms as part of his or her divorce and if there are minor children a few additional forms can be expected. After the required Georgia forms are sign and/or notarized, they must be organized into two complete sets of copies, organized in three packets: one packet, all the originals, goes to the court; one packet, the โ€œservice copy, โ€ goes to the respondent; and one packet, remains with the petitioner.

When doing your own divorce in Georgia, the petitioner files the packets with the court clerk, who keeps the originals for the court and assigns a case number. The clerk time will time stamp and date the forms before returning the others to the petitioner. From that point in, the spouses have a minimum wait of 31 days even when both agree on all issues and jointly file for an uncontested divorce. After the waiting period, the court issues a Final Judgment and Decree. (Most cases actually take up to 60 days because of the court workload).

In Georgia, the filing fee is $205 in most counties, and in some cases, there is a local service fee. These fees may be waived when the petitioner demonstrates that he or she cannot afford them. The petitioner must file an Affidavit of Indigence and Eligibility to Proceed in Forma Pauperis.

Serving Your Spouse the Divorce Papers

After the initial uncontested divorce paperwork has been filed, the respondent must be served. This can be done in one of three ways. The easiest and least expensive is for a cooperative respondent to sign an Acknowledgement of Service. There are two forms for this, and either may be used. The Acknowledgement of Service, Consent to Jurisdiction and Consent to Present case is used when the parties have reached an agreement will be signing a Marital Settlement Agreement (MSA). The simple Acknowledgment is used when the parties are still negotiating, but the respondent acknowledges service.

Personal service is the second and most common way for a respondent to receive the divorce papers. The county sheriff or a process server delivers the Summons and a copy of the Petition fro Divorce. The respondent then has 30 days to reply. After serving the papers, the sheriff or process server completes a sheriffโ€™s entry of service, which certifies delivery.

When a defendant cannot or will not be located, the petitioner must turn to service by publication. This requires a good faith effort to locate the missing spouse. The petitioner publishes a notice of the divorce in a newspaper in the county where the respondent is known to have lived.

To serve by publication, the petitioner must files three forms: the Affidavit of Diligent Search, which details the efforts made to locate the respondent; the Notice of Publication, which gives him or her 60 days to file an answer; the Order of Publication, Return of Service, Order Perfecting Service, which permit publication and confirm it.

Georgia Divorce Hearing

After filing and service of process, the parties move to either a temporary hearing (rule Nisi) or directly to a final hearing. In a temporary hearing, which not all couples receive, the court deals with temporary issues, such as custody and child support that must be dealt with while the divorce is pending. A temporary hearing is not common with an uncontested divorce. A Rule Nisi hearing requires that the respodent receive a Rule Nisi form, which must be mailed or personally delivered five days before the hearing or eight days if the service by mail.

Georgia Divorce Online Process

Divorcing spouses in Georgia who have signed a Marital Settlement Agreement (MSA) may move on to the final hearing at least 31 days after service or after the Acknowledgement of Service has been filed with the clerk. If the respondent signs a form called Acknowledgment of Service, Consent to Jurisdiction and Venue, and Consent to Present Case, he or she is not entitled to receive notice of the date and time of the final divorce hearing. If, on the other hand, he or she has received the Acknowledge of Service form that does not waive the right of notice, then the petitioner must mail a notice to the respondent telling the date, time and place of final hearing in case he or she wants to attend.

When the marriage involves minor children, each spouse completes a form called the Domestic Relations Financial Affidavit prior to the final hearing on the divorce. This document provide financial disclosure to both parties and the court fro child support purposes.

The respondent should be served with a copy of the Domestic Relations Financial Affidavit along with the Petition for Divorce and Summons. At the final hearing, the court requires a Final Judgment and Decree of Divorce Incorporating the Marital Settlement Agreement (MSA) as well as the Georgia DHR Report of Divorce, Annulment and Dissolution of Marriage and Child Support Enforcement Case Registry Form (If minor children are involved).

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. There may also be other pro se divorce options available by contacting your court.
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