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 Carroll 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 Carroll 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 Carroll 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 Carroll County
To file for divorce in Carroll 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 Carroll 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;
Carroll County Divorce Filing Fees
Carroll 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 Carroll County, Georgia
In Carroll County, GA, the Superior Court handles all family law matters, including marriage dissolution cases. Therefore, you should file divorce paperwork with Carroll County Superior Court located in the Carroll County Courthouse.| Court Name: | Carroll County Superior Court |
| Court Title: | In the Superior Court of Carroll County, Georgia |
| Clerk Name: | Alan J. Lee |
| Judge Name: | A. Quillian Baldwin, Jr., Dennis T. Blackmon (All Judges may not be listed) |
| Court Location: | 323 Newnan St., Carrollton, Georgia 30117 |
| Court Phone: | 770-830-5830 |
| Court Fax: | 770-214-3584 |
| Court Hours: | 8a.m.-5p.m. |
| Filing Fees: | Will vary depending on complexity of the divorce case. |
| Party Titles: | Petitioner and Respondent (Petitioner is the filing spouse) |
| Initial Document Filed: | Petition for Divorce |
| Court/County Website: | www.carrollcountyga.com |
| Court Location Map: |
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