subject: Fiing For Divorce [print this page] If you are going to be filing for a divorce, here are some pointers. Please keep in mind that each state has it's own law regarding divorce proceedings, so depending on where you live the rules and regulations regarding your divorce will vary. For the most part, however, most every state (except New York) has adopted no-fault divorce laws, and most every state considers "the best interest of the child" in determining child custody matters, so the laws of most states are indeed similar.
Must you live apart when a divorce is filed?
No, the spouses just have to be legally separated. Even if they are living under the same roof, a "couple" can still be considered separated if they are not living in same room and/or having sexual relations.
How do I file for a divorce?
Making the decision for a divorce was no easy task. But now that you have, you don't know how to go about it. The complaint should be filed with the correct superior court and should include all information about present living status such as living arrangements, children, assets, debt, and the grounds on which the divorce is being sought. The sheriff will serve a copy to the other spouse.
Great, I understand how to file it, but WHERE do I go to file the divorce complaint?
It should be filed in the defendant's county of residence in the superior court. There's a problem, your spouse - the defendant - has already moved from Georgia. Well, in that case, it will need to be filed in the county where the plaintiff resides.
My spouse filed a divorce complaint and I've just received it, so what do I do?
The first thing to do is to contact an attorney. At our office, we have many attorneys that will help to aid you in the divorce process. Your attorney will aid you in contesting the issues that were brought up in the complaint.