Although divorce laws in Georgia are governed by the statewide Official Code of Georgia Annotated (O.C.G.A.) Title 19, Chapter 5, individual counties may establish specific local rules regarding the forms required, grounds, the attendance of mediation or counseling sessions, or the overall filing procedure.
In this article, we have gathered important information about the divorce process in Brantley County, which will explain the general requirements, specify the grounds for marriage dissolution, list some common forms you’ll need to prepare and the general steps you’ll need to take, and discuss court fees and locations.
Understanding the Requirements for Divorce in Brantley County
When filing for divorce in Georgia, a couple must be aware of certain requirements associated with the process.
Residency Requirements
Under Georgia state law, either spouse must have been a state resident for at least 6 months prior to filing to be eligible to start the case. You must also file in the Superior Court of the county where the respondent lives. If the other party lives in another state, you may file the paperwork in the county where you reside.
Divorce Grounds
When initiating a divorce case, a petitioner must indicate the reason for marriage dissolution. Georgia recognizes 12 fault-based grounds and an irretrievably broken marriage as a reason for a no-fault divorce.
Waiting Period
If you file for divorce on the grounds of an irretrievably broken marriage, the court imposes a 30-day waiting period from the date the respondent is served with the papers. Under O.C.G.A. § 19-5-3(13), the judge will not start reviewing the marriage dissolution case before this time elapses.
Valid Grounds for Divorce in Brantley County, Georgia
According to O.C.G.A. § 19-5-3, there are 13 grounds for divorce in Georgia, 12 of which are fault-based, requiring evidence to prove the spouse’s misdoing, often during a stressful and lengthy litigation. Only an irretrievable breakdown of the marriage gives an opportunity to get uncontested dissolution, which is the surest way to avoid disputes and extensive court hearings.
If you opt for an uncontested divorce in Georgia, you can save on attorney-related expenses. In this case, you need to discuss your situation with your spouse to identify and settle the points of potential disputes. Coming to an amicable agreement on all divorce-related issues is the most energy- and cost-saving option. It eliminates the need for expensive lawyer’s involvement and stressful court hearings, which is better for the comfort of everyone involved.
How to File for Divorce in Brantley County
To file for divorce in Brantley County, you need to carefully follow the legal procedure pertinent to your specific circumstances. Case type is the primary factor that influences the process flow. Let’s focus on an uncontested divorce procedure if the reason is no-fault and you agree with your spouse on all the related matters. Here are the core steps you should take:
- Collect and fill out the forms necessary for your situation;
- File the initial set of paperwork with the local court and pay a filing fee;
- Serve the respondent with the divorce papers and obtain their Acknowledgment of Service if they agree to accept the documents;
- File the Acknowledgment or Sheriff’s Entry of Service if your spouse is uncooperative;
- Wait 30 days mandated by the court if you filed for a no-fault divorce;
- Attend a Seminar for Divorcing Parents if you have minor children with your spouse;
- File the remaining papers required to finalize the divorce, normally including financial disclosures and child-related forms;
- Attend a final hearing;
- Get a Final Judgment and Decree of Divorce signed by the judge and file it with the Clerk of Courts.
Required Brantley County Divorce Forms
To file for divorce, you will need a specific set of forms depending on your family situation. A petitioner who initiates a case is responsible for making copies, paying applicable fees, and serving the documents on the respondent.
A list of documents needed to file for divorce in Georgia usually includes:
- Complaint for Divorce;
- Verification;
- Summons;
- Domestic Relations Case Filing Information Form;
- Acknowledgment of Service;
- Domestic Relations Financial Affidavit;
- Consent to Present Case;
- Consent to Jurisdiction and Venue;
- Settlement Agreement;
- Final Judgment and Decree of Divorce;
This list contains the core forms required in an uncontested divorce. Since every case differs, you may need additional forms related to the name change, child support and custody, property division, alimony allocation, financial disclosures, etc.
If you want to get the filled-out documents for your uncontested divorce without the hassle of searching for and completing the complicated legal forms on your own, using a reliable divorce paperwork preparation service is a good idea.
List of forms required for filing a divorce will certainly adapt according to your situation, so does a fee. But all the divorce proceedings involve:
- A Petition (a.k.a. Complaint) to start a process of splitting up, keep in mind that different forms are used for opposite-sex marriage and same-sex marriage. (We suggest printing two of these. Get a copy for your ex-partner). Make sure to write down the case number or some other data the District Clerk will hand you over. The forms will get a stamp and a date, it is a starting date to count your waiting time till splitting up is official.
- Verification form.
- Acknowledgement of Service form. This document is to be signed by the plaintiff and responder that you are both aware of the personal information indicated in the documents that are submitted and have no objections regarding the information in the Complaint.
- Domestic Relations Financial Affidavit. This form is related to your assets and financial situation.
- Consent to try. It is one of the family court forms for divorce. It is a good idea to let your partner fill in and put a signature on the paper with everything else in one batch, to cut the time and stay away from additional meetings.
- Disclosure or settlement forms. It claims that both spouses reached consensus without the court’s help.
- Divorce report. Signed document from the judge about the end of your marriage.
This is a core list of the forms you will need to submit. Every case is different and there is another set of additional forms, whether you have kids, if they are minor or adults if you want to keep the last name or to get back to the initial one, child support forms, property forms, adoption, records of support and so on. In this case, it is a good idea to use divorce filing services to get all the documents needed without the hassle and getting lost in this labyrinth. After the documents submitted the waiting time for the divorce to become valid and official is 31 days. The judge should sign the Brantley County divorce decree. The Decree should be filled out at the beginning, prior to you going to court. It is highly advised that two partners fill it out simultaneously, together.
Brantley County Divorce Filing Fees
Brantley county court fees also vary, as we explained above on a case by case basis. However, as per the update from May 2010, the court fees range for a typical divorce start from $263.50. From our experience, in addition to Brantley County District Clerk filing fees and case-by-case forms, on average it is around $300, but it c
Brantley County Divorce Filing Fees
Brantley County court fees may vary on a case-by-case basis. The average divorce filing fees in the state start at $150. To know the exact amount, contact the clerk of the court where you are going to initiate your divorce case.
Normally, in addition to County District Clerk filing fees, the Georgia Superior Court also imposes certain fees for additional motions and supplementary services.
Divorce Courts in Brantley County, Georgia
In Brantley County, GA, the Superior Court handles all family law matters, including marriage dissolution cases. Therefore, you should file divorce paperwork with Brantley County Superior Court located in the Brantley County Courthouse.
| Court Name: | Brantley County Superior Court |
| Court Title: | In the Circuit Court of Brantley County, Georgia |
| Circuit Court Location: | 234 Brantley St. Suite 200, Nahunta, Georgia 31553 |
| Court Phone: | 912-462-5635 |
| Court Fax: | 912-462-6247 |
| Court Hours: | 8 a.m. – 5 p.m. |
| Court Location Map: |
Create a free account to check your eligibility for divorce. Preparing legal forms is never easy, but we can help you on every step of the process.
