Can the length of a divorce case in Georgia vary depending on the circumstances of the parties involved?
How Long Does It Take to Divorce in Georgia?
Getting a divorce can be a stressful and overwhelming process, especially if you are unfamiliar with the legal system. One of the most common questions that individuals have when considering divorce is how long the process will take. The answer, however, is not a simple one. There are several factors that can impact the duration of a divorce case in Georgia.
Georgia Divorce Laws
In Georgia, the grounds for divorce can be either no-fault or fault-based. A no-fault divorce can be granted when the marriage is irretrievably broken, meaning that there is no chance for reconciliation between the parties. A fault-based divorce, on the other hand, requires that one party prove that the other was at fault for the breakdown of the marriage, such as adultery, desertion, or abuse.
After filing for divorce, there is a mandatory waiting period of 30 days before a final decree can be entered. During this time, the parties will need to work out the terms of their divorce settlement, including issues such as property division, child custody, and alimony.
Factors Affecting the Length of a Divorce
There are several factors that can impact how long it takes to finalize a divorce in Georgia. Some of the most significant include:
- The complexity of the issues involved. Divorces involving high assets, complex property division, or custody disputes can take longer to resolve.
- The willingness of the parties to negotiate and reach a settlement. If both parties are willing to work together to reach an agreement, the process can be quicker.
- The court’s docket. The amount of time it takes for a divorce case to move through the court system will depend on the judge’s schedule and how busy the court is.
How Long Does It Typically Take to Get a Divorce in Georgia?
The length of time it takes to get a divorce in Georgia varies from case to case. On average, a divorce in Georgia takes anywhere from three to twelve months to finalize. However, this timeframe can be significantly longer if the parties cannot agree on the terms of their divorce settlement or if the case is particularly complex.
Take Our Poll
How long did it take for your divorce to be finalized?
Conclusion
If you are considering divorce in Georgia, it’s important to understand that the process can take anywhere from a few months to a year or longer. The length of time your divorce will take will depend on a variety of factors, including the complexity of the issues involved and the willingness of both parties to negotiate a settlement. By working with an experienced divorce attorney, you can help ensure that your case moves forward as smoothly and efficiently as possible.
Divorce is a complicated legal process that may have a different answer depending on the situation. In the state of Georgia, a number of factors determine the timeline of a divorce, from the method of filing to residency requirements. Whether you are filing for an uncontested divorce or a contested divorce, understanding the length of the process can help prepare you for what lies ahead.
In Georgia, one party must be a resident of the state for at least six months prior to the filing of a divorce. The residency requirement excludes individuals that are joining active duty military personnel who have filed for divorce in the state. After filing for divorce, a period of waiting follows. Georgia law dictates that there must be at least a 30 day waiting period before the divorce can be finalized.
For an uncontested divorce, the process will take 30 to 60 days to complete, depending on the court’s availability. An uncontested divorce occurs when both parties agree on all issues pertaining to the marriage, such as child custody and the division of assets. The divorce can be granted without a hearing if all necessary forms are filed correctly. An uncontested divorce is the fastest process in Georgia, and if all paperwork is completed in a timely manner, the divorce can become legally binding 30 to 60 days after filing.
If a divorce is contested, it means that one or both parties do not agree on some or all of the issues. From the filing of the divorce to a ruling on the disputed issues, a contested divorce can take six months to a year to come to fruition. Before a hearing is scheduled, the couple must attempt to come to an agreement with the help of a mediator. If an agreement cannot be reached, the case will be settled in court. There are multiple steps and lengthy processes ahead, including the gathering and exchange of information, discovery motion hearings and a trial if necessary.
Although the divorce process can seem daunting, understanding the length of time it takes to get through it in the state of Georgia can help reduce stress and provide clarity. To find out more about the divorce process in the state of Georgia, contact your local family law attorney.