Friday, May 24, 2013

Can You Get a Divorce in Georgia Without Going Through an Attorney?

Can You Get a Divorce in Georgia Without Going Through an Attorney?

Divorce is always a stressful time, and often the added financial burden of hiring attorneys makes a bad time worse. In Georgia, you are legally entitled to forgo the expense of a lawyer and complete the divorce proceedings yourself. These kinds of divorces, also known as "pro se" divorces, are less costly, but it is important to know that any mistake you make as you dissolve the marriage could cost you much more down the line.

Georgia Law and Divorce Lawyers

    Pro se divorces, which are sometimes informally called "do it yourself" divorces, are legal under Georgia law. Although the law allows you to handle the divorce yourself, it does not give divorcing couples without legal representation any kind of break in the procedure itself. That means that you will have to complete all the court paperwork required for a legal divorce just as you would if you had a lawyer involved. You will simply have to do it all yourself. You will also need to represent yourself in court if you and your spouse cannot come to an agreement over the issues and need a judge to decide on things like custody.

Complex Issues

    When you complete your divorce paperwork and submit it to the court, you will need to address a wide range of complex issues, from financial settlements to child custody. You will also have to give a reason for the divorce. Georgia law allows divorce for 13 different reasons, one of which is a "no fault" divorce option called "irretrievably broken," and 12 more that are "fault" options. Fault causes include adultery and drug abuse. You and your spouse will either need to agree to settlements on all of the issues or agree to allow a judge decide for you.

Considerations

    Divorce law is complicated, and a lawyer can help you navigate the process in a way that best protects your assets and interests. Completing a divorce without a lawyer requires a great deal of cooperation as you work through questions of division of assets, child custody and spousal support. The more you have acquired as a couple over the course of your marriage, the more complicated the picture becomes. Even if you come to an agreement on all of the issues with your spouse, you will still need to submit detailed financial reports and extensive notes on your arrangements to the courts as part of your settlement. The paperwork preparation itself is a complicated affair, and making a mistake on the paperwork could delay your divorce or lead to problems down the line should you need to revise your settlement.

DIY Filing

    If you decide to file for divorce without a lawyer, contact the Superior Court in your county of residence and request the forms for a divorce complaint. You may also be able to download forms from your county court's website. If you no longer live in Georgia, but your spouse does, file the divorce complaint in their county.

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