If you’ve decided you need to file for divorce, it’s common to think “Where do I start?”. Beginning the divorce process can often be overwhelming and it is difficult to know exactly where to start. While each individual case is different, there are some universal steps that should be taken to properly begin the divorce process. Our family law experts were happy to explain some of them for our readers:
Step #1: Confirm That You Are 100% Certain In Your Decision
Telling your spouse that you want a divorce is a major decision that obviously cannot be made lightly. It goes without saying that once you’ve had that conversation, it cannot easily be undone. That’s why it’s so important to think long and hard before making any final decisions and being sure that you have considered every relevant factor to ensure you are indeed making the best decision for yourself and any children involved.
Step #2: Finding The Right Family Law Attorney
The divorce process is legally complicated, even when the parties are in agreement about most things. Therefore, it is essential to find an experienced family law attorney who will help guide you through the divorce process and be there for you every step of the way. Doing so can help you understand all of your options, fully determine your specific goals, walk you through each scenario, and help guide you to the most beneficial and satisfactory path available. That also ensures that all of the complicated paperwork necessary to complete your divorce is handled properly and professionally.
Step #3: Ensure You Are Qualified For a Divorce
In order to initiate a divorce in Georgia, at least one of the parties involved in the divorce (either spouse) must have been a resident in Georgia a minimum of six months before you file your divorce papers. There are exceptions in the case of one spouse being stationed in a U.S. military facility in the state. Additionally, you must establish legal grounds for divorce, although the marriage being irretrievably broken qualifies as a legal grounds for divorce.
Step #4: Preparing and Filing Your Divorce Petition
To begin a divorce action, one spouse files a legal petition that asks the court to terminate the marriage. In addition to documenting the grounds for divorce, this petition will also identify the matters that you want the court to address during the divorce proceedings, which may include spousal support (alimony), child custody and parenting time, child support, the division of marital property, division of debts and more. This petition will be filed in the Superior Court clerk’s office in the county where the non-filing spouse lives (although there can be exceptions in certain cases).
From the point of filing, there is obviously still a long way to go before a divorce can be finalized. However, these illustrate the initial steps for commencing a divorce action. If you have any family law needs of your own, contact Oxendine Law at (770) 497-8688 today to schedule a consultation in-person, over the phone, or by video conference. Don’t forget to follow along with us on Facebook and Instagram for additional family law tips, news, radio segments, and more.

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