The Legal Process for Divorce in Gwinnett County

1. Meet Residency Requirements: To get a divorce in Gwinnett County, you or your spouse must have lived in the state for at least 6 months. Additionally, you or your spouse must have resided in the county for at least 3 months.
2. File a Complaint: The first step in the legal process of getting a divorce is to file a complaint with the court. This is a legal document that outlines the reasons for ending the marriage and what the filing spouse is seeking, such as child custody, child support, alimony or property division. The other spouse is then served with a copy of the complaint and given time to respond.
3. Discovery: This is the phase where both parties provide information about their finances and assets. The goal is to ensure that all property and debts are disclosed and a fair settlement can be reached.
4. Settlement or Trial: If both parties can agree on a settlement, they can bypass a trial and have a final hearing in front of a judge to finalize the divorce. If they cannot come to an agreement, a trial is scheduled to resolve any outstanding issues.
5. Finalize Divorce: Once the settlement is approved or the trial is complete, the judge will issue a final order. This order will officially end the marriage and outline the terms of the divorce settlement.