How Long Do I Have to Wait? Understanding the Timeline of a Divorce in Georgia

Divorce is an emotionally taxing journey in nearly every case. In addition to the emotional challenges posed by the process, it also prompts practical concerns, such as the duration of the case. Clients frequently come to us asking, "How long will my divorce take?" While there's no one-size-fits-all answer, we can outline a general timeline for a divorce in Georgia to help demystify the process.

Is there a pre-filing waiting period?

One very common question is whether Georgia has waiting period requirement before you can file for divorce. Generally speaking, the answer is no: Georgia does not require you to wait any amount of time prior to filing. However, Georgia does have a residency requirement for any divorce action filed in the state. Specifically, one of the two parties must have been a Georgia resident for the 6 months immediately prior to filing the action. If either party has not been a resident for at least 6 months, then the case is subject to dismissal for lack of jurisdiction. Depending on the circumstances, some parties attempt to sidestep this requirement by filing a separate maintenance action, then converting that action into a divorce action after one of the two parties has met the 6 month requirement.

Filing the Petition

The divorce process in Georgia starts with the filing of a petition or complaint in the Superior Court of the appropriate county—generally the county in which the other party resides. This process involves gathering certain details about the marriage to include in the petition. Typically, preparing these documents takes only a day or two. Once the filing party reviews and approves the paperwork, it can be filed online immediately, marking the official start of the divorce process.

Serving the Petition

After filing, the petition must be personally delivered to the other spouse, known as “service of process.” This crucial step ensures that the other party is formally notified of the divorce action. Service can be accomplished through a Sheriff or a private process server, with the latter often being quicker. The efficiency of this step is key to moving forward without unnecessary delays. In cases where the other party cannot be located, the court may also permit service by publication upon the filing of a motion to do so.

Responding to the Petition

The served party has 30 days from receipt of the petition to file an Answer with the court. This response is not just a formality; it's an opportunity for the responding spouse to present their stance on issues like asset division, alimony, and custody. This is also the opportunity for the opposing party to file their own counterclaim for divorce.

Status Conferences

In some counties, like Fulton, the court actively manages the divorce process through status conferences. In Fulton County, these are scheduled at approximately the 30-, 60-, and 120-day marks following the petition filing. They serve as checkpoints for the court to ensure that the divorce proceedings are moving along efficiently and to address any immediate issues or disputes.

The Discovery Period

Once the Answer is filed, the discovery period begins. During this phase, both parties exchange information and gather evidence to support their case. This period is about more than just paperwork; it's a strategic phase where attorneys gather the necessary ammunition and evidence to advocate effectively for their clients’ interests. Although this phase typically lasts 6 months from the filing of the Answer, it can be shortened or extended depending on the complexity of the case and the cooperation level of both parties.

Temporary Hearings

For issues that need immediate attention, either party can request temporary hearings. These hearings address interim matters like child custody, financial support, and use of marital property. The decisions made in these hearings are crucial as they can set a precedent for the final outcome, although they are technically only in effect until the divorce is finalized.

Guardian ad Litem Investigations

In contentious custody disputes, the court may appoint a Guardian ad Litem (“GAL”) to ensure the children’s best interests are represented. The GAL’s investigation is thorough, involving interviews, home visits, and consultations with relevant parties and third party witnesses. Because they are appointed by the Court as the Court’s witness, their findings and recommendations are hugely influential and can significantly affect the final custody decision.

Mediation

Mediation is a court-mandated step in many cases, offering a platform for both parties to negotiate an amicable settlement with the help of a neutral mediator. This stage is crucial for avoiding the uncertainties of trial and for reaching a mutually agreeable resolution. Successful mediation can considerably shorten the divorce timeline significantly, especially if it occurs early in a case where both parties are being open, direct, and amicable.

Trial

If mediation fails to resolve all issues, the case proceeds to a trial. Bench trials, where a judge makes the final decision, are more common and can usually happen within 9-12 months of filing. However, jury trials, though less common in divorce cases, require more preparation and time, potentially extending the timeline.

Factors Influencing Duration

The duration of a divorce in Georgia is influenced by various factors including the complexity of the marital estate, the degree of conflict or cooperation between spouses, and the specific procedures of the county’s court system. Uncontested divorces, where parties agree on major issues, tend to resolve much more quickly, while contested divorces with complex assets or difficulty custody disputes can take much longer.

Seeking Legal Assistance

Navigating a divorce requires not only legal expertise but also a compassionate understanding of the emotional journey. At Resurgens Legal Counsel, we combine our legal acumen with a personalized approach, guiding you through each step. If you are considering a divorce or are in the midst of one, we are ready to assist you. Schedule your consultation today by calling us at 770-765-7550 or directly through our website.