How to File for Divorce in GA Without a Lawyer

Filing for divorce in Georgia (GA) without legal representation, or pro se, is an option particularly for those with uncontested cases. While our firm practices in Michigan, this guide offers general information for individuals considering this path in Georgia. Always consult official Georgia legal resources and specific county court websites, as procedures can vary.

Navigating a Pro Se Divorce in Georgia

Georgia's divorce process has specific requirements. We outline some key aspects for those choosing to represent themselves.

Residency, Grounds, and Initial Forms

To file for divorce in Georgia, at least one spouse must have been a resident of the state for a minimum of six months prior to filing. The divorce should generally be filed in the Superior Court of the county where the defendant (the spouse being served) resides. We emphasize verifying these jurisdictional rules. Georgia allows for no-fault divorce if the marriage is "irretrievably broken."

You'll need to obtain the correct legal forms, starting with a "Complaint for Divorce." Many Georgia county courts provide self-help packets or direct litigants to statewide resources like the Georgia LegalAid website. We strongly recommend using official, up-to-date forms.

Filing the Complaint and Serving Your Spouse

After completing the Complaint for Divorce and any other necessary documents (e.g., financial affidavits, child support worksheets if applicable), you file them with the Clerk of Superior Court in the appropriate county. A filing fee is typically required, though fee waivers may be available for those with low income. We advise making several copies of all documents.

Your spouse must be legally served with a copy of the Complaint and a Summons. This is usually done by the county sheriff's office or a private process server. If your spouse agrees to the divorce and cooperates, they can sign an "Acknowledgment of Service and Consent to Jurisdiction." We suggest understanding the implications of this form fully.

Settlement Agreements and Finalizing the Divorce

If both parties agree on all terms (property division, child custody, support, etc.), you will draft a "Settlement Agreement." This comprehensive document outlines all agreed-upon terms. Both spouses must sign it, and it's typically notarized. This agreement is then submitted to the court along with a proposed "Final Judgment and Decree of Divorce." We find that a well-drafted settlement agreement is crucial for a smooth uncontested divorce.

In many uncontested cases in Georgia, a final hearing may not be required if all paperwork is in order and the judge approves the settlement. However, this varies. We caution that if any aspect of the divorce is contested, the process becomes far more complex, and legal representation is highly advisable to protect your rights in Georgia.