A Do It Yourself Divorce in Georgia Guide
If seeking a divorce in the state of Georgia, there are a few things one must learn about the process.
A Divorce Petition
When dealing with a do it yourself divorce in GA, the ‘divorce petition’ is a common document offered free of charge from any legal aid service. All that needs to be done with this document is a spouse seeking divorce, known as the Petitioner or Plaintiff, must fill it out to completion and then simply deliver it to the other spouse, known as the Respondent or Defendant.
Additionally, a copy of the petition must also be sent to the court residing in the county of the Petitioner or Respondent.
What Is Included in a Divorce Petition?
A typical do it yourself divorce in Georgia will have listed the names of the husband, wife, and any children. In addition, any separate properties must also be listed with complete addresses. When discussing children, if applicable, custody and support issues will also be addressed in the petition; and spousal support may also be a possibility.
Steps Toward Serving the Petition
Serving the petition, also known as the “service of process,” is as simply as handing the “divorce papers” into the hands of the Respondent. This is common for any do it yourself divorce in GA. At that time, the Respondent may choose to either sign it or not. If not, the petition can be defaulted in a court of law and then brought in for a hearing to dispute whether or not the petition may proceed. It also may be possible that the Respondent can’t be located for the Petitioner to serve the papers; however, a professional server may be hired to do the job.
Once the Petition Is Served….
There is a waiting period once the signature ends up on the petition. This period often involves automatic restraining orders on both parties as well as the stipulation that neither party can take children (if applicable) out of state. In addition, pieces of property can’t be sold or borrowed against; and insurance obtained during the marriage can’t be sold. Additional insurance also can’t be borrowed during this time.
One choice a Respondent may make is to file a “response” to the petition. It can be an agreement or a disagreement. If it’s an agreement on the petition, the whole proceeding may never even enter into court and may proceed even quicker to a final judgment.
If, however, there’s a disagreement….
What Happens When One Spouse Doesn’t Agree With the Terms of the Divorce?
A do it yourself divorce in Georgia may involve disagreements such as child custody, property distribution, even the entire divorce itself.
A hearing is then scheduled to hear both sides on any issue, whatever they may be. From there, a do it yourself divorce in GA will proceed through the same waiting period until the time when the court will decide on a judgment either for divorce or against it.