If you are surviving a divorce right now, you certainly feel the weight of the world on your shoulders. Surely, it is a road untraveled that cannot be easy or pleasant in any way. It is one of many reasons you and your soon-to-be ex-spouse should consider splitting without disputes and extensive court hearings. It is called an uncontested divorce. If you are having disputes, custody, and property-related issues, you are in for a contested divorce.
It is stressful, it eliminates all the good memories you might’ve had during your marriage. It is truly expensive. Just imagine, the attorney will get hourly pay for each hour of work, which is at least 6 hours for a regular court hearing, in addition to preparation time, collecting documents, your visits, and all the fees from the county that apply. We are talking about at least $3,000 here.
If you opt for an uncontested divorce in Georgia, you save on all the attorney-related expenses. In this case, you will need to sit down and talk (if it is possible) with the second party, identifying the points of potential disputes. Resolving the divorce issues within the former couple is the most energy and cost-saving option out there. If you have children, it will only cut the court time and stressful nights prior to it, which is better for the comfort of your loved ones.
Let’s take a closer look at the process of filing for divorce in Cherokee County GA.
The court will authorize an uncontested divorce relying on the notion that the marriage is no longer viable, cannot be restored or supported further. There is no way that spouses can fix the impact of damage to the marriage and there are no chances for future compromise and reuniting. It is a no-fault divorce.
Other causes for divorce are specified as cruelty, adultery, the conviction of a felony, abandonment, mental health institution confinement, living in different households for more than 36 months.
Cherokee County divorce filings vary determined by numerous factors e.g. whether you have kids from this marriage or not. Otherwise, the process is direct. The divorce can be granted only if both partners dwelled in Georgia state for half a year, and specifically in Cherokee County, GA for a minimum of three consecutive months and only after that decided to split up and got all the papers.
NOTE: If there is a question that has not been resolved with your partner, you might face complications during the process, which causes additional expenses and starting the process like the submitting of forms one more time, and Cherokee County filing fees are not reimbursed. So, it is in your best interest to resolve all the possible issues in order to file for an uncontested divorce in Cherokee County, GA.
Cherokee County Divorce Forms
You will need several forms determined by your situation in order to file for divorce. One spouse gets to be a plaintiff (or petitioner) and later on, this person will be responsible for supplying the other one with documents, making copies and applicable fees.
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 Cherokee 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.
Cherokee County Divorce Filing Fees
Cherokee 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 Cherokee County District Clerk filing fees and case-by-case forms, on average it is around $300, but it can go higher, depending on the complexity of the case, kids and name change.
Divorce Courts in Cherokee County, Georgia
Where to file divorce papers in Cherokee County, GA?
If you wish to file for divorce, you should bring your Cherokee County divorce papers to District Clerk’s office at the address below.
|Court Name:||Cherokee County Superior Court|
|Court Title:||In the Superior Court of Cherokee County, Georgia|
|Clerk Name:||Patricia Baker|
|Judge Name:||N. Jackson Harris, David Lee Cannon, Jr., Ellen McElyea|
(All Judges may not be listed)
|Court Location:||90 North Street Suite G-170, Canton, Georgia 30114|
|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 Location Map:|