Divorce Faqs

Divorce – Frequently Asked Questions Atlanta Divorce Lawyer

Georgia Family Law Attorneys

Question: For how long must I have lived in Georgia before I can file for a divorce?
Answer: Generally for six months but there are exceptions. You may need to first discuss this with a divorce attorney.

Question: I can’t find my spouse. Can I still get a divorce?
Answer: Yes, by publication.

Question: What is an uncontested divorce?
Answer: A divorce where both parties agree to all the issues in the divorce.

Question: How long does it take to get an uncontested divorce in Georgia?
Answer: Usually anytime after 31 days after it is filed, if both parties agree in writing, or anytime after 60 days after it is filed by publication if publication begins the same day it is filed and the defendant does not file an answer to contest the allegations.

Question: In what county is the divorce filed?
Answer: Usually the county in which the defendant lives, unless both parties agree to file it in the county in which the plaintiff lives.

Question: Can either party to a divorce sign the divorce paperwork outside the office?
Answer: Yes, but said documents generally have to be signed in the presence of a notary public.

Question: If I want to get a divorce and name change in the same divorce will I be charged extra for the name change?
Answer: No. As long as the issues are not contested.

Question: How long does it take for a divorce to be final after the waiting period?
Answer: If the divorce has been heard and granted, usually the same day it is heard.

Question: Can I divorce my husband who is in a different country?
Answer: Yes. Either by personal service or by publication if you cannot find him.

Question: What are your payment methods?
Answer: Cash, checks or money orders.

Question: My husband and I have already agreed to our divorce, division of property, child support, custody and visitation. We have two minor children, marital property and debts. Why is the attorney charging us more?
Answer: Because this divorce involves more issues and paperwork which require more attorney time and preparation.

Question: Does my spouse have to come to court for the divorce even if we have signed all the papers and this is an uncontested divorce?
Answer: Generally no, unless the presiding judge orders so.

Question: After we go to court for the uncontested divorce hearing when will my divorce be final?
Answer: Usually the same day unless there are still unresolved issues.

Question: Do I have to go to court for the divorce hearing even if we have signed all the papers and this is an uncontested divorce?
Answer: Generally no, unless the presiding judge orders so. Usually after a certain period of time we can submit a motion to the court to issue a final divorce decree. If the court agrees to sign it and actually signs it then you may not have to appear in court.

Question: I have already filed my own divorce. I have no minor children or property. My husband has been served by the sheriff. How much will it cost to represent me?
Answer: You will need to call to schedule a consultation with our divorce attorney.

Question: What do I bring with me to start the divorce?
Answer: You do not need to bring anything but try to remember the date, city, state, country of your marriage and the date you separated from your spouse.

Question: How do I prepare for the divorce hearing? What do I say?
Answer: Prior to the divorce hearing our attorney will prepare you for your court testimony.

Question: Can I cancel my divorce after we have filed it if I don’t want to go forward with it anymore?
Answer: Yes. We can withdraw it for you, unless there is a pending counterclaim against you then you will need to first discuss the issues with our attorney.

Question: I want an annulment instead of a divorce. Can I get one?
Answer: if you meet the statutory grounds for an annulment.

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