By reading this blog post, you'll learn how you can get a divorce in Douglasville, Georgia, even if your spouse refuses to sign the associated documentation. So, even if you don't “sign” the divorce papers, your spouse can still obtain a divorce in Georgia. To start the divorce process, you must file a complaint with the higher court where you or your spouse live. In your lawsuit or at the hearing, you must meet the residency requirement for the reason you specified above. Divorce laws apply only to residents of a state, and each state has its own residency requirements.
To guarantee a no-fault divorce in Georgia, the residency requirement is six months in Georgia. You must file for a divorce in your county of residence. A non-resident can file for divorce against a spouse who has resided in Georgia for six months. The divorce must be filed in the county where the defendant resides.
The law absolutely requires that you or your spouse have been resident for the established period of time immediately before and at the time you file for divorce. For example, you cannot have lived in Georgia for six months before moving to Nebraska for another six months and then returning to Virginia to file for divorce. However, after you have submitted the application, you can move anywhere in the world. You must file for divorce with the Clerk of the Superior Court of the county where you or your spouse have lived for at least 6 months.
You'll start by filing a petition for divorce, or a petition for divorce, stating the legal reasons for the divorce and the issues you want the court to address. What should you do when this happens? The short answer is that it's still possible to obtain a divorce in Georgia even if the other party refuses to sign the divorce papers. Below, we'll review some additional details about what exactly you should do in this situation. Your spouse has 30 days to respond to the divorce documentation. If no response is submitted, the court may declare a default, meaning that the divorce can continue without the participation of your spouse.
The grounds for obtaining a limited divorce in Georgia are cruelty or excessively cruel conduct toward the plaintiff or minor child; desertion; and voluntary separation beyond any reasonable expectation of reconciliation. For some people, the expression “signing the divorce” may refer to whether they accept the notification of the demand for divorce. But if your spouse is not involved at all, the judge is likely to make decisions in favor of your divorce petition. If your spouse has been convicted, not simply charged, for a crime, that's a reason for divorce in Georgia.
Some spouses may mistakenly believe that not signing divorce papers gives them more power in the divorce process. Then you can catch your spouse in the act of a crime, meaning that your spouse has committed a flagrant crime and you may not have to worry about hiring detectives. The term “default divorce” generally means that the divorce petition is granted in favor of the petitioner because the defendant has not responded. In Georgia, neither cunnilingus nor fellatio, which the law defines as sodomy, are grounds for divorce and, in general, neither is considered adultery.
This is where you explain to the court what the requirements for divorce are (place of residence and reasons) and refer to the marriage settlement agreement that you and your spouse have drawn up. Most cases of adultery are proven by circumstantial evidence, which means you have to prove that your spouse had the will and the opportunity of committing adultery. A short answer is that in Georgia, as long as you have filed an application in the appropriate jurisdiction, with the right court, with the appropriate documents and have gone through a perfect process, you can obtain a divorce without the cooperation of your spouse. Bardley McKnight Law Firm Divorce Lawyers Offices12461 Veterans Memorial Hwy, Suite 470 Douglasville, GA 30134. Instead of asking for a default divorce decree, your lawyer may need another strategy to ensure that you receive a fair share of the marital assets.
To prove the reasons for a limited divorce, you must follow the same proof processes as in an absolute divorce case. This is because many couples can go through the divorce process unopposed without hiring lawyers to represent them, which represents a great saving on the normal cost of divorce.
