We mostly consider marriage to be that piece of paper. However, not everyone believes it to be. Some people just hold ceremonies and exchange vows. They do not make it known to the law. In such a case, filing for a divorce is not necessary. If, however, papers were signed during, before or after the separation, filing is necessary.
You have to decide which county you will be filing in. In general, you are supposed to in the county of your spouses residence. If they have moved out of the state of Georgia, then you can file in your own county. If the separation is uncontested and your spouse consents, you may file in your own county as it does not matter how long they have been residents. It is, however, safe to wait 30 days.
The next step is to gather information for a petition. The petition needs specific details on why you want to file for separation. You may wonder where to start. Luckily the legal aid of Georgia will come to your rescue. They have come up with forms which you can fill with all the necessary details. There are many things needed the fill, but you can always cancel all the unnecessary sections.
Changing names is not a necessity in a marriage, but it is very common. During the separation, this is an issue that will come up. The spouse with the name of the other may decide to go back to their original last name. They may also choose the newly acquired name which they can only keep with the consent of their spouse.
You have to pay the fee for filing. It is approximately $200 in order to simply file for a separation. There are additional fees for things like document preparation. If you are low income, you may feel some papers for the fee to be reduced or waived. The court may accept or deny the request. If denied, the court will put a date on the calendar when they will listen to the case upon payment.
You need to prepare child specific document. You have to discuss how the parenting will work from then on. After you have both agreed you are required to sign and notarize all of the documents. This is usually done in the presence of the notary. This is usually done in blue ink as a symbol of originality of the signatures.
Afterwards, you are to head down to the court house to file the necessary papers. From there you will be assigned a court hearing date. After the hearing is done, you will get a copy of the separation papers for your own keeping and await finalization.
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