Conyers, GA asked in Divorce and Family Law for Georgia

Q: How to file for divorce in Georgia with 3 kids, 6-year marriage?

I'm seeking guidance on filing for a divorce. We have been married for six years and share three children. My spouse and I both agree on getting a divorce, and there are no assets to split. We haven't started any legal proceedings yet, and I'm not looking for a specific custody arrangement right now. How should I proceed?

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2 Lawyer Answers

A: You should hire an attorney to file for divorce. Either you and your spouse will have to come to an agreement on custody, visitation, child support, & the distribution of assets and debts, or you will have to have a trial.

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Answered

A: To begin the divorce process in Georgia, you will need to file a Petition for Divorce with the Superior Court in the county where either you or your spouse resides. Since you both agree on the divorce and there are no assets to divide, the process can be relatively straightforward. However, because you have three children, the court will still need to address child custody, support, and visitation, even if you haven't decided on a specific arrangement yet.

In your Petition for Divorce, you will outline basic details such as the grounds for divorce (usually irreconcilable differences in Georgia), your children’s custody, and any child support or visitation needs. Even if you don't have a custody agreement in mind, the court will require a temporary parenting plan for the children until a final agreement is reached.

Once the petition is filed, your spouse will be served with divorce papers. After that, both of you can either agree on the terms of the divorce or attend mediation if needed. It may be beneficial to speak with a lawyer or legal aid to help ensure that your rights and the children’s needs are properly addressed throughout the process.

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