Do-It-Yourself Divorce in Georgia
- 1). Download a format for a Georgia petition for divorce from a legal website (see Resources), or visit your county courthouse where the clerk may be able to provide you with one. Complete the petition, including the names of your children and who they are currently living with, and your ground for divorce. Georgia offers a no-fault option that simply states the marriage is irretrievably broken.
- 2). Take the original completed petition and a copy to the Superior Court in the county where your spouse lives, or the county where you live if he has left the state. File it with the court clerk. She will assign your case a civil action file number, stamp the copy and the original, and return the copy to you.
- 3). Serve a filed copy of the petition on your spouse. You can either take it to the county sheriff who will do it for a fee, or your spouse can simply sign an acknowledgment that she received it. You can download a Georgia acknowledgment of service form from a legal website (see Resources) or create one yourself, stating that your spouse received the petition and she waives all future notice of the divorce from the court or the sheriff. She must sign it in front of a notary and you must then file the acknowledgment with the court as well.
- 4). Prepare a marital settlement agreement resolving all issues between you. List all assets and debts of the marriage and tell the court which of you will be receiving what and how you plan to pay off the debts after the divorce.
- 5). Prepare a parenting plan and visitation agreement, if you have children. Since January 1, 2009, this plan must include language indicating that you agree it is important for both parents to have a close relationship with the children. Tell the court which of you the children will live with most of the time, which of you will have visitation and when and how you are going to handle holidays. Include this as part of your settlement agreement.
- 6). Calculate child support. Since January 1, 2007, Georgia uses the income shares model. Interactive calculators are available on various websites (see Resources). Fill in both your incomes from all sources and the number of children you have. The calculator will then tell you how much the non-custodial parent should pay to the custodial parent each month. Enter this amount in your marital settlement agreement along with terms of payment.
- 7). Notify the court that you have a signed marital settlement agreement and ask to schedule a hearing to finalize your divorce. When you receive a date, appear before the judge with the agreement. The judge will review it, approve it and make it a part of your final judgment and decree of divorce.
Source...