The procedures for filing a divorce case in Georgia

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By: Douglas J. Davis

1. Certain counties require the filing of your Domestic Relations Financial Affidavit and Disclosure with you pleading.

2. The court will return the Summons signed by the Clerk of Court when they return your pleading back to you for service. The summons can be served by the sheriff or someone over 18, but if you use someone to serve the pleading, you must submit an affidavit to the Court that the other party was served with the papers. YOU CANNOT SERVE THE PAPERS YOURSELF.

3. The summons must, depending where the other party lives will have thirty (30) days (if they live in Georgia) or sixty (60) days if out of state to file an answer or other responsive pleadings.

4. The court may set a scheduling Order. This sets time for discovery to learn about assets, experts and other factual matters. The Court may also set the case for mediation and/or will require that each party attend parenting classes when minor children are involved. The Court can also set a Temporary hearing to set child support, access, spousal support to name a few.

5. Many courts have settlement conferences or status conferences to see where the case is headed and help the parties resolve the case. You may receive a trial date at that time.

6. On the trial date you will present your case to the Judge or Jury for judicial determination. If you do not like the decision of the Court you have a right to file post trial Motions or ask an Appellate Court to review the lower Courts decision.
 

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