The decision to finally apply for a divorce is always a tough one for every couple. It isn’t the end anybody expects when they enter into a marriage. Letting go of that ‘together forever’ mindset is gut-wrenching.
If you have made the painful decision to dissolve your marriage, the challenge isn’t over, especially if you want to go through the divorce process yourself without an attorney. Filing a divorce can be tricky, especially doing all the paperwork on your own. To be sure you are on the right side of the law, you have to get everything right or risk having to start over or, worse yet, compromising your future. That’s why many people choosing to do a DIY divorce in Georgia without a lawyer decide to use the services of online divorce companies.
Georgia law allows you to represent yourself in all legal cases. With this, you can apply for a divorce without an attorney. However, there are certain things that you must know before getting a divorce.
There are several documents to be prepared, requirements to be met, and complex analysis involved. All of this hassles is what makes a DIY divorce not such a great option. To significantly reduce the hassle and stress associated with a divorce without an attorney, you can go for an internet divorce.
To commence the divorce process, you have to speak to your spouse and find out how he/she feels about it. This is important because a couple that can communicate to negotiate the terms of their divorce can have an uncontested divorce. An uncontested divorce requires significantly less time, work, and money than contested cases.
Specific issues come up in a divorce case that must be understood for you to file for a divorce without a lawyer successfully. Understanding these issues makes it possible for you to have all the divorce papers ready and ease the process. By not missing any critical steps in the process, you will also avoid wasted expenses. Let’s briefly examine some of these issues and what you need to know about them.
Residency
Divorce laws in Georgia only apply to residents of the state. Every state provides for laws that govern how a divorce process is to be initiated and sustained. One of the requirements of divorce in Georgia is establishing residency.
For Georgia to have jurisdiction over your divorce case, one of the spouses must have been a resident of the state for at least six months before filing.
Generally, divorce suits are to be filled in the country where the respondent resides.
- How Do You Prove Residency?
In Georgia, a petitioner proves residency by a sworn complaint. The court relies on your sworn testimony when verifying your residency. The courts don’t necessarily dig deep into your residency; however, there have been instances were a divorce suit is dismissed because of improper proof of residency. If you don’t want this, make sure you or your spouse have resided in Georgia for the required six months.
- What Happens When It Is the Same State but Different Address?
As it relates to divorce in Georgia, residency requirements do not mandate you to remain in the same address. When filling the form, you will not be asked to list the addresses of places you lived. However, the issue of the same address comes to play during the final hearing. Through the provision of relevant documents and information, you will be required to prove your address when the separation happened.
Grounds for a Divorce
Since marriage is a contract between you and your spouse, if you decide to terminate this contract, you must provide acceptable reasons for the state of Georgia. These reasons are referred to as the grounds for divorce.
There are laws in every state that define and govern the acceptable grounds for divorce. In Georgia, there are two types — fault and no-fault.
No-Fault Grounds
A no-fault divorce is preferable for more simplified forms of divorce, such as uncontested cases because no one is being blamed for the breakdown of the marriage, and so nothing has to be proven in court.
For a no-fault divorce, it is enough to say that the marriage is “irretrievably broken” – in other words, nothing can be done to save it.
Fault-Based Grounds
A fault-based divorce, on the other hand, is when the marriage has failed due to the misconduct of one of the spouses. The petitioner must establish the wrongdoing of the respondent by presenting evidence to the court.
The fault-based grounds for divorce in Georgia are:
- Impotence
- Adultery
- Imprisonment for more than two years
- Alcoholism or drug addiction
- Mental illness
- Consent of marriage obtained by fraud, duress, or undue influence
- Incest
- Lack of mental capacity to consent
- Inhuman treatment
- Wilful desertion for at least one year
Under Georgia divorce law, you can file for divorce under more than one ground. Look carefully at every ground and make sure you have substantial proof before filing.
Waiting Period for Divorce
Georgia divorce laws provide for a waiting period that you can bring a divorce suit under each ground. The only exception to this is adultery, provided you have met the residency requirements. When your spouse commits adultery, and there is sufficient proof to establish it, you can bring the lawsuit at any time.
For grounds other than adultery, there is a specified time limit to bring your case. For example, using desertion for your grounds for divorce, you must wait for a year after the desertion before you can bring a valid claim for divorce on that ground.
Whether you are doing your divorce yourself, with an attorney, or over the internet, you need to familiarize yourself with the requirements. If you have met the above conditions, you can get all your divorce papers prepared online. The top online divorce site https://divorceonlinegeorgia.com/ can guide you through the process and put you on the right track.
Other advantages of online divorce websites are their affordability and speed of service. Their services cost thousands of dollars less than using an attorney and save you weeks of time. If you want to have a divorce in Georgia without an attorney, working with one of the best online divorce companies is the best option.
