Lithia Springs, GA asked in Divorce and Family Law for Georgia

Q: My husband has decided he wants to divorce me and thinks we can sign papers and pay a fee and it will be all over with

I was wondering if that is how it works in the state of GA? We do have a 3 year old child, but he doesnt want to go to court.

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2 Lawyer Answers

A: Even in an uncontested divorce you still may be required to appear in Court. Therefore, signing paperwork doesn't mean a judge won't require a final hearing before signing a final judgment. I would advise you to have an attorney review any documents your spouse asks you to sign. Because if there is a minor child involved, you will likely want to make sure this divorce is done properly or you will end up back in court on modification and contempt actions in the future.

Gina Anne Smalley agrees with this answer

Gina Anne Smalley
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Answered

A: You most likely cannot just sign papers and pay a fee. Only a judge can grant a divorce. If you do have an agreement with your spouse that resolves all issues, it may be possible to avoid a hearing. You should speak with a family law attorney before signing anything to be sure you and your child are fully protected.

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