Divorce is the dissolution of a marriage between two legally married people. After a divorce, each individual may remarry. The court provides a divorce decree, which contains the ruling on the divorce. Understanding how this process works is essential for anyone going through a marriage dissolution. Whether you are in Georgia or another state, knowing what to expect can help you navigate this challenging time more effectively.
“When you sign a divorce decree, you make the marriage dissolution official. There are typically five people who sign the divorce decree. They include the couple, the judge, and the couples’ attorneys,” says family law attorney Shawna Woods of Atlanta Divorce Law Group.
This article provides comprehensive details of what you should know about divorce:
Divorce Decrees
In Georgia, divorce decrees are not the same. That is because each divorce case has its own unique characteristics. Divorce decrees are based on the characteristics and circumstances surrounding the divorce.
Importance of Divorce Decree
A divorce decree is important because it enumerates the rights and obligations of both parties. It also gives instructions and guidelines on procedures for child custody, child support, and property division.
The divorce decree issued by a judge signifies the completion of the divorce process. So, if you do not yet have a divorce decree, that means you are still legally married.
The problem with an unresolved divorce is that it disrupts a person’s life in many different ways. It affects their ability to pay their debts, take possession of their property, and do what they intend to do with that property.
It also affects their ability to file taxes, receive employment benefits, and even obtain insurance coverage.
Things Enumerated in a Divorce Decree
A divorce decree addresses various issues that may arise during marriage dissolution. These include property division, the need for alimony, child custody, child support, visitation rights and terms, and the financial obligations of both parties.
It also contains other information, such as the legal names of the divorcing parties, the date the judge signs the decree, and the divorce case number. You may find this information useful when you need to check the divorce records in the future.
Divorce Records
A divorce record shows that two people are married. It also contains the fact that these two people have legally dissolved their marriage as of the effective date of termination when the judge signs the decree.
Divorce records or decrees are properties of the state. The local county records office houses these divorce records. You would need to pay a fee to access and certify these records.
Some counties index the divorce records. You may gain access to them online through a website or an organization. You may also substitute a divorce record or decree for a marriage dissolution certificate.
The court reporter records witness testimonies of the divorce in court. The court may order the records office to seal some divorce records to protect the personal information of the divorcees.
Understanding the Starting Point of a Divorce Process
The first step to initiating a divorce is filing a petition in court. The court must be in the state where you reside.
For example, if you live in Georgia, you must file for divorce with the court located in your county of residence in Georgia. It does not matter if you had your marriage in Arkansas.
In a case where one of the couples has changed their residence location, they may also file the divorce petition at their location. The other spouse does not need to come to their location to respond to the petition. They may also respond from their location.
You should also know that an agreement between divorcing spouses does not eliminate the need to file a divorce petition. One of the parties needs to file a petition to kick-start the process.
According to the Georgia Superior Court Clerks’ Cooperative Authority, the grounds for divorce are dependent on the state in which you file the petition. Some states, like California, do not require you to state the grounds for divorcing your partner.
Stating ‘irreconcilable differences’ as your reason for divorce is enough ground. However, some states consider fault grounds during divorce proceedings. Fault grounds include adultery and abandonment. These states use fault grounds to determine child custody and marital property division terms.
Knowing the Legal Documents in a Divorce Proceeding
The most important document in a divorce process is the divorce decree. Other than this, other documents are involved in the divorce process. They include the following.
- Temporary orders that enumerate the duties of the two parties in the course of the process.
- Service of process enforces that the initiator of the divorce must serve the petition. However, the other party may waive this servicing right.
- The response contains the other party’s response after they are served with a divorce petition.
- Divorce discovery enumerates the process of obtaining information about both parties. This process may include interrogatories, disclosures, requests for production, and requests for admission.
Duration of a Divorce Process
The duration of a divorce finalization varies, depending on the unique issues of the case.
The local laws of the place where the divorce petition is filed also play a role in the duration of finalizing the divorce. Typically, some states require the settlement of divorce cases within zero to six months of filing the petition.
Controversial issues can also drag the process. When there is no contested issue and the state does not mandate a waiting period, a divorce can be finalized within a week. However, statistically, divorce typically takes 6 months to finalize.
Concluding Thoughts
Divorce is not always straightforward. Some issues may arise during the divorce process. As a result, if you are considering getting a divorce, then you should engage an attorney.
When you have children, you need to engage an attorney and get the attorney’s advice. They can help you provide the best action to protect your rights and well-being throughout the process.
They will also help you review important documents relevant to your case. Also, they will represent you in court whenever necessary.
You need a professional who can increase your chances of a favorable outcome. When you involve an attorney, they go beyond your expectations to make the legal system work for you.
