How do I file for divorce?
The first step in the divorce process is filing a Complaint for Divorce. This is the initial pleading in the case that sets forth all of the basic information, such as the opposing party’s address, date of the parties’ marriage, whether the parties have children, whether the parties own a home, etc. The Complaint for Divorce does not, however, tell how the assets and debts are to be divided, the amount of child support that the custodial parent is to receive or if the parties are going to sell their home. These issues will be resolved by the court at a future point in time if the parties are unable to reach a settlement agreement during the process of the divorce.
When you file the Complaint for Divorce, it is typically filed in the Superior Court for the county in which the opposing party resides. There are a few exceptions when it is filed in a different county. If the opposing party resides out of state, in certain circumstances you can file for divorce in the county in which you reside if you meet the residency requirements. When you file for divorce, the court charges a flat fee for filing your Complaint for Divorce. The State of Georgia does not have a set fee and filing fees do range from county to county. For example, Metropolitan Atlanta area filing fees for divorces currently range from $78.00 to $90.00. Also note, the filing fee, however, does not include the costs to have the Sheriff serve your spouse. If you wish to have your spouse served by the Sheriff, there is an additional fee of $25.00.
Once your divorce is filed with the court, you will receive a date-stamped copy of the Complaint for Divorce which shows the date and time on which it was filed. The date-stamped copy will also include a civil action file number, which is a unique number assigned to each divorce action and lets the parties know which judge has been assigned to a case. Of note, unless a county only has one judge serving on the Superior Court bench, the parties do not get to elect which judge is assigned to a particular case. Each county uses a different system for assigning judges based upon the civil action file number. Once the Complaint for Divorce is filed with the court, your spouse will have thirty days from the date on which he or she is served or acknowledges service to respond to the statements made in the Complaint for Divorce and they must file a written Answer with the court on or before this date.
