You must file your petition for divorce with the Superior Court. In most cases, this will be the county in which the defendant resides. Title 19 Chapter 5 of the Georgia Code describes the specific details your petition must include. Click here to go to a site where you can search the Georgia Code. O.C.G.A. §19-5-5 lists all the items that are required to be included in the petition.
The grounds for the divorce have to be in the complaint/petition.The Georgia statutes list thirteen grounds for divorce. Most divorces are granted on the no-fault grounds that the marriage is irretrievably broken. The twelve other fault grounds may be found in O.C.G.A.§19-5-3.
Once you have filed in the office of the Clerk of court, the clerk will file, record, and date stamp your petition. You must notify the defendant of the petition either by a waiver of service, personal service made by the Sheriff, Marshal or a private process server authorized by the court or by publication as appropriate under the state statutes. The court will charge a filing fee and you may also be required to pay a service or publication fee.
A final decree of divorce may be granted no sooner than thirty-one days following the filing of the petition. The time may be longer if there are issues that need to be resolved by the court.You may obtain a copy of your divorce decree from the Clerk of Superior Court in the county in which the divorce action was filed. Ordinarily there will be a fee for a copy of the decree.You will have the legal authority to remarry after your divorce decree is final.
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