How long does it take to get a divorce in Georgia?
Key Takeaways
- The exact time it takes to get a divorce in Georgia depends on the specific circumstances of the case.
- In general, an uncontested divorce in Georgia typically takes 30 to 180 days to finalize.
- Divorces may take more time if the parties disagree and require mediation, need a Guardian ad Litem (GAL) to weigh in on child custody matters, one party refuses to share information, if the court is backlogged, and more.
It would be great to look into a crystal ball and know exactly when your divorce will be complete. Unfortunately, nobody can predict how long it takes to get a divorce in Georgia, because each case comes with its own unique circumstances.
The many factors that may affect the length of a divorce include but aren’t limited to:
- The court’s schedule.
- Whether the divorce is uncontested or contested.
- If the spouses disagree about child custody and parenting time.
- If either spouse tries to hide information about assets.
- How easy it is to find and serve papers on your spouse.
Let’s dive into each of these a bit further.
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Court schedules
Just because you’re ready to end your marriage right now doesn’t mean the legal system is. Many courts are still experiencing backlogs caused by the Covid-19 pandemic, so you may have to wait months longer than usual to have your case heard.
Uncontested vs. contested divorce
In an uncontested divorce, the spouses reach an agreement on all issues of the divorce. Then they write and sign a divorce settlement agreement outlining these terms and present it to a judge for approval. These cases settle out of court and therefore take less time to finalize.
But if the spouses disagree on even one issue of the divorce, they have a contested divorce. These divorces take longer to finalize, as they require going through all steps of a trial. This includes discovery, when each side gathers information and evidence relevant to the divorce proceedings and shares it with the other, as well as the actual trial.
Child custody
In Georgia, if the parents disagree about child custody and parenting time, a judge may appoint a guardian ad litem (GAL). This person represents the child’s best interests. They investigate the child’s living conditions, interview the child and parents, visit their school and more. From all of this, they write a report and present the judge with their recommendation for custody and parenting time. This whole process can add significant time to a divorce case.
Hidden assets
One party may refuse to share financial information, hide assets or do other things to try to make it look like they’re not as well off as they are—so they can avoid paying alimony or child support. If this happens, you may need to hire a forensic accountant to be sure you have accurate information about your spouse’s finances.
Problems serving papers
At times, spouses will try to hide if they think their partner plans to file for divorce. This can frustrate an already challenging time, as you need to serve the divorce papers in order to continue with your case. If you truly can’t find your spouse, you may be able to “serve” the paperwork by publishing a notice in a newspaper. You must file a motion before doing this.
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