Asked in Divorce and Family Law for Georgia

Q: For an uncontested divorce without children who is the one that actually files? I've been told he has to file. Why?

We live in separate counties. I asked the Superior Clerk about filing fees and he inquired about the counties we live in. When I told him my husband was in another county, I was informed he'd have to be the one to file as the Plaintiff. This does not matter to us who is listed as who. We just want to know why he is the one required to file in his county. Especially when the marital home was in Turner County and we were married in Turner County. We just want the papers to be filled out and filed correctly so we can get the final decree

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2 Lawyer Answers
Alake Colwell Furlow
Alake Colwell Furlow
  • Dacula, GA
  • Licensed in Georgia

A: It would probably be helpful if you hired an attorney, because the employees at the clerk's office are not suppose to give you legal advice. If it is a truly uncontested divorce where both spouses are going to sign the papers, you can file in your county. That is because your spouse is not contesting it. But your spouse would have to sign all of the necessary documents and the case would be filed as an uncontested divorce. And if you're the person filing, you would pay the filing fee.

Kedra M. Gotel
Kedra M. Gotel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Newnan, GA
  • Licensed in Georgia

A: File in the county where you both lived together if one of you still lives in that county. If not, file in either county where you now live. Where you were married is not relevant. What's most important is that you have been residents of Georgia for at least six months before filing for divorce.

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