Georgia Divorce Questionnaire

State:
Multi-State
Control #:
US-Q1011
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a divorce matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

No, Georgia is not a 50 50 divorce state. While the result may end up being 50 50, Georgia law does not provide that a divorce division of marital property is automatically equal. Georgia is not a community property state, but instead the state of Georgia is an equitable division state.

Divorces can either be contested or uncontested. In uncontested divorces, both parties agree to the terms of divorce, such as child custody, the division of assets, or alimony. In contested divorces, the parties do not agree and must settle these terms in court.

Georgia does not require spouses to physically separate before filing for divorce. Under Georgia law, the only requirement to file for divorce is that both parties must suspend ?marital relations? with the intent to divorce. So there is no specific timeframe of separation required in Georgia to get a divorce.

Georgia allows for both no-fault divorces and at fault divorces. If you file for a no-fault divorce, you petition the court to end your marriage because it is irretrievably broken. If you file for a fault divorce, you must have specific justification for ending the union.

If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse. This is called a Motion to Serve by Publication or Posting.

The divorce process in Georgia at it's basic level is simple: One party files a complaint for divorce & the opposing party responds with an answer. The parties will conduct discovery and gather evidence. The parties will have temporary hearings if necessary and attempt mediation or settlement.

And there is no specific time period required, although at least 30 days is recommended. So, if you live in Georgia, you are legally separated if either spouse moves out, or moves into another bedroom, with the intention to file divorce.

If you've been served divorce papers by your spouse, you must file a legal document called an Answer within 30 days to protect your rights. On the other hand, if you're the petitioning spouse and your husband or wife refuses to file their response, the court may grant the divorce in your favor.

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Georgia Divorce Questionnaire