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Can you contest a divorce after it is final in Georgia?

Orders of the Court regarding division of property are not modifiable at any future date. They can be changed only by amending the Final Decree, an appeal to the Court of Appeals or Supreme Court of Georgia, or by written agreement signed by both parties and filed with the court as an order.

What does no-fault divorce mean in Georgia?

Most divorces in Georgia are no-fault divorces. A no fault divorce is filed with the court on the basis of irreconcilable differences between the spouses, rather than fault grounds, such as adultery, habitual intoxication, or desertion.

What kind of divorce state is Georgia?

Georgia is both a no-fault and fault-based divorce state. Although most spouses choose the no-fault option when filing for divorce, there are also 12 grounds that can be used as a basis for divorce.

What court are divorces filed in Georgia?

You must file for divorce with the Clerk of the Superior Court in the county where you or your spouse have lived for at least 6 months. You'll start by filing a complaint for divorce, or petition for divorce, with the legal grounds for your divorce and what issues you want the court to address.

Which courts deals with divorce?

A spouse who wishes to have their marriage dissolved must approach the High Court or the Regional Court of the Magistrate Court and have a summons issued. A court has a jurisdiction to hear a divorce matter: If the parties are domiciled (live) in the area of the jurisdiction of the court as at the date of divorce.

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Does it matter who files for divorce first in Georgia?

Generally, it does not make a difference. The party who does not file the Complaint for Divorce has the opportunity to file an Answer to the Complaint and Counterclaim for Divorce requesting the same things as the filing party (ex: child custody, child support, alimony, equitable division of property).

How does adultery affect divorce in Georgia?

Adultery generally doesn't affect child custody in a Georgia divorce unless it exposed the children to inappropriate things. Adultery never affects child support in Georgia.

Can a judge deny a divorce in Georgia?

It has to deny the divorce. In cases that include any of the above, the respondent in the divorce action can offer such evidence in defense of thedivorce action and, after reviewing the evidence, the court or jury can refuse the divorce. OCGA §19-5-4(b).

How long do you have to contest a divorce in Georgia?

Answering the complaint \u2013 Once served with divorce papers, the other spouse has 30 days to file a formal response with the court, including any defenses or counterclaims. 3.

Who serves divorce papers in Georgia?

According to O.C.G.A. § 9-11-4(c), there are two other options to serve your spouse \u2013 either by Sheriff or a private process server.

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