Georgia divorce and name change laws
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Domestic law is complex. Never try to represent yourself. You will agree to things you might otherwise not have to agree to. If you go to court unrepresented, you are charged with knowing all the rules of civil procedure just as a licensed attorney would. Fault, such as adultery, can be used as a factor in determining alimony.
Other fault issues can also figure into custody determinations. Alimony, as it is called in Georgia, is determined on a case-by-case basis. Typical factors used to determine if alimony will be awarded and how much alimony will be awarded include a significant income disparity between the parties and whether one of the parties has been out of the work force for a significant period of time.
The wife may have her maiden name returned by having language included in the Final Judgment and Decree of Divorce indicating that her maiden name is restored.
Name Changes After Divorce & Remarriage in Georgia
Annulments are rarely used. Generally, the only basis for an annulment is an allegation of fraud. The length of time a case takes to reach resolution is entirely dependent on the facts and circumstances in that case. Uncontested cases — cases in which there are absolutely no disagreements as to any issues in the divorce — can be resolved rather quickly. But contested cases involving custody or the division of substantial assets can take much longer to resolve.
If you case can be resolved in an uncontested manner — be it on a temporary or final basis — you would not likely have to go to court. Some courts, however, will require a party to appear at the conclusion of an uncontested case where the parties have entered into a Settlement Agreement to swear under oath to the elements of the divorce.
In order for a case to proceed, you must achieve service. If the sheriff cannot serve your spouse, it is not uncommon for a private investigator to be hired to serve the spouse.
How Do I Change My Name in Georgia?
It does not matter. If one party wants to be divorced, the court will grant that party the divorce.
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It is often difficult, however, to litigate a divorce from another state. So I would advise remaining in the state while your case is pending. So your home state would retain personal jurisdiction for your divorce. There are a wide variety of documents you need to file for a divorce. Each county can require different forms. So it is always best to hire an attorney to represent you.
Never attempt to represent yourself in any legal action. Generally, a divorce action is filed in the county in which the defendant lives. The initiating documents are filed with the Court Clerk for the Superior Court of whatever county in which the defendant lives. Your spouse may execute an Acknowledgment of Service, which prevents your spouse from being formally served. Alternatively, your spouse may be served via sheriff or by a private investigator authorized by the court to serve litigants in that respective county.
In contested cases, a divorce would only be granted following a trial where the parties cannot settle the matter between themselves. The results of a trial are never typical. The events in a trial or any hearing can vary widely based on the subject matter of the hearing or trial and the evidence presented in the case.
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If you try to represent yourself, you will be held to the same standards of an attorney licensed to practice law in Georgia. This means that you do not have to prove fault. Generally, no. If a child has not been legitimated, however, it is conceivable that the mother could change the last name of the child without the consent of the father. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Office in Ridgeland, MS. Offices in Pittsburgh and Philadelphia, PA. Kimberly Lewellen licensed in CA only. Lauren Dabule, Florida Resident Partner. Tampa, FL. Georgia Info. To get a Georgia divorce on one of the "fault" grounds , the spouse must prove adultery, desertion for at least a year, mental or physical cruelty, marriage between persons who are related by blood, mental incapacity, impotency, force or fraud in getting married, wife's pregnancy unknown to the husband at the time of the marriage, conviction and imprisonment, habitual intoxication or drug addiction, or mental illness.
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This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. Georgia Divorce Laws Residency and Filing Requirements: In order to file for a divorce in Georgia, residency requirements must be met for the court to accept the case.