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I have questions about divorce in Georgia. 1. Does the order…

I have questions about divorce...
I have questions about divorce in Georgia.1. Does the order the notarized signatures matter if we are not signing at the same time? For example, can the respondent sign everything first, and then the petitioner?2. If my husband is currently living in Fulton County, but his permanent address on his documents is still in Cherokee County, where is he considered a resident? And should his official address (as written on his documents) or his actual address be used on the forms?3. If the divorce is uncontested, is there always a court hearing?4. Is the Domestic Relations Financial Affidavit required of there is no child support or alimony being requested?5. I read that I need to make 3 copies of everything, does this mean just standard, regular copies once the originals are signed/notarized/etc.? The copies do not need to be certified or notarized, or anything special?
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Answered in 5 minutes by:
3/12/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

1. No, it doesn't matter.

2. A person is considered to be a resident of the place where they are living and intend to stay until life takes them elsewhere. If he has no immediate plans to move back to the permanent address, he'd be a resident of Fulton County. The address on the documents is where the court is going to send notices, including copies of court orders and important dates. So it should be the place where he's living and able to get mail regularly.

3. There is usually at least one hearing, even in an uncontested divorce. The judge wants to hear someone testify under oath that the marriage is broken and cannot be repaired before dissolving the marriage.

4. Yes. The judge wants to see what assets you have and ensure that they are being divided fairly, even when the spouses reach an agreement on their own. This is largely to ensure that one spouse doesn't get 99% of the assets while the other gets the remaining 1%.

5. Just regular copies of the final documents, yes. You don't need original signatures or original notary stamps on everything.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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Customer reply replied 4 months ago
This is all very clear and helpful. Thank you so much!
Customer reply replied 4 months ago
Can I ask a follow up question here about the Financial Affidavit or do I have to start a new question form?

You're welcome!

I can answer a follow-up about the affidavit here.

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Customer reply replied 4 months ago
If I am filing, am I the plaintiff and then my husband would be the defendant? (I just want to clarify since the other form said petitioner and respondent)? And who is the affiant?

Yes, you're the plaintiff and he's the defendant.

The affiant is whoever is filling out the form. So you're the affiant of your financial disclosure, and he'll be the affiant on his.

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Customer reply replied 4 months ago
Ok. So we will need to submit the petition for divorce and 2 financial affidavits (one for each of us)? And that is all (because we have no children, thus no child support addendum)?

You'll also want to attach a separation agreement to the Petition, signed by both of you. You can also try filing a Joint Petition to waive hearing. The judge doesn't have to grant it, but if he does, the divorce can be finalized in as few as 31 days after the paperwork is filed.

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Customer reply replied 4 months ago
Since a majority portion of the questions on the separation agreement pertain to children, debts, property and we have none, how do we correctly fill out the form? (leave the blank, write n/a, etc.)
Customer reply replied 4 months ago
For example, the attached says to select a, b, or c when none of those options apply.

You can either skip any sections that don't apply or cross them out.

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Customer reply replied 4 months ago
Thank you for your help!
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