Frequently Asked Lawrenceville/Johns Creek Divorce Questions
How long do I have to live in Lawrenceville or Johns Creek to file for divorce?
In order to file for divorce in Georgia, you must be a resident of this state for at least six months preceding the filing of the action.
In Georgia, all actions for divorce must be brought in the county where the defendant resides if he or she is a resident of Georgia. If the defendant is not a resident of Georgia, the action must be brought in the county where the plaintiff resides.
Generally, the county of residence for the defendant will be the one in which he or she has resided for the six months preceding the filing of the action. Georgia law does provide, however, that a divorce case may be tried in the county of residence of the plaintiff if the defendant has moved from that same county within six months from the date of the filing of the divorce action and this county was the site of the marital domicile at the time of the separation of the parties.
Is there a mandatory waiting period in Lawrenceville/Johns Creek before a divorce can be granted? How long will a divorce take?
Georgia does not have a “waiting period” for a court to grant a divorce. The general rules of civil litigation, however, regarding entry of a judgment apply to divorce and other domestic cases in Georgia.
In Georgia, all civil cases, including divorce matters, can be tried anytime after the last day upon which defensive pleadings were required to be filed. This means that a final decree of divorce may be taken at any time after 30 days from the date of service of process on the defendant.
If you are filing an uncontested divorce (all issues are agreed upon between the parties), the Georgia Uniform Superior Court Rules provide the court can grant your divorce beginning at 31 days after service on the defendant.
If your divorce is contested, the length of the divorce will depend on several factors. If few issues are contested, you could reach an agreement and be divorced within a couple of months after filing for divorce.
On the other hand, if the case is highly contested, your divorce could last anywhere from several months to a few years.
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