Verification: This form is used by the Petitioner to certify to the Court that the information contained in the Petition for Divorce is true and correct. It should be signed in front of a Notary Public, prior to filing with the court. This form is available in both Word and fillable PDF format.
Georgia Verification
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FAQ
Georgia courts cannot schedule a trial until after the defendant's time to respond has expired per O.C.G.A. § 9-11-40. Therefore, there is a de facto waiting period of 30 days for both no-fault and fault-based divorce.The parties must also sign and submit a complete settlement to the court.
Whether the desertion was actual or constructive, you must wait a year after the event of desertion before you file for an absolute divorce. For a voluntary separation, you must have been voluntarily separated for at least 12 months without cohabitation before you can file for absolute divorce.
At the time of filing the divorce case, only the party filing the complaint for divorce (request for divorce) will be required to sign the paperwork. The other party is notified of the petition once the paperwork is filed via office service by a sheriff or licensed process server.
In order to file a divorce in Georgia, you first have to be legally separated. But this does not mean that you or your spouse has to move out of the marital residence. Under Georgia law, you simply have to suspend marital relations with the intention to divorce.
When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction.
An uncontested divorce is is only possible if you work together with the other spouse to reach an agreement.The uncontested divorce option is something that should be discussed thoroughly by both spouses and both should reach an agreement prior to the signing and filing of the initial petition for divorce.
Some are available for purchase, some are online for free, and some just show that the record exists and to obtain a copy you need to go in person to the clerk's office for that specific county. But generally speaking, divorce records are open to the public in Georgia.
If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. Whether or not your spouse responds, you are the main witness at the final hearing and will have to appear before the court.
1If you know the county of marriage, you can request a search for a fee from the probate court or Georgia Department of Public Health.2If you don't know the date or county of marriage, you can also try searching for marriage information in other records.