Online divorce in Georgia

The answer is Yes. Georgia laws allow people to represent themselves in divorce cases without any legal representatives.

However, though a do-it-yourself divorce is legit, it can have some pitfalls and difficulties.
Spouses who are unaware of Georgia’s family laws and court rules may end up going to court over and over again since the court does not approve forms and documents completed inappropriately. Besides, DIY divorce is typically not recommended if the parties contest the case or have complicated matters related to property, child custody, finances, etc.

Thus, it can make sense to arrange a divorce without legal assistance only if the spouses agree about the essential terms of their separation and are fully conscious of their primary responsibility for the dissolution process and its implications.

The main rules of filing for an uncontested divorce in Georgia are the same for all couples, regardless of whether the parties seek legal assistance.

1. The plaintiff who proceeds without a lawyer is in charge of completing and filing the initial divorce forms with the court. Georgia Superior Court provides the necessary legal forms on the official website. The form templates vary depending on whether the spouses have minor children or not, whether an action is contested or not, and on other circumstances of a particular case. To draft all the required paperwork faster and easier, the plaintiff can use online divorce services. OnlineDivorce.com selects and customizes the papers considering Georgia courts' requirements and the couple's unique situation. The customer does not need to do anything except answer an online interview and file the ready-made documents in the Court Clerk's office.
2. When the plaintiff submits the necessary papers with the court and pays the filing fee, the case gets a Case Number, and thus the divorce procedure officially starts.
3. The plaintiff shall then serve the other spouse with copies of the Complaint for Divorce and Summons. The papers must be delivered personally by the Sheriff's department, a certified process server, or any adult person who is not a party in the case and has been appointed by the court to serve the process.
4. Finally, the spouses may submit their settlement agreement (as well as the rest of the needed forms) and wait for the court to schedule the date of the uncontested divorce hearing.

Attorneys, mediation, online divorce services and other third-party assistance can affect the overall cost of divorce. So the divorce price can vary wildly depending on the circumstances and the spouses' vision of arranging their divorce.

Nevertheless, a court filing fee is mandatory for all divorcing spouses except those qualified to submit an Affidavit of Indigence and Eligibility to Proceed In Forma Pauperis.

The court filing fee in Georgia is about $200. An additional $50 can be charged for serving the defendant with copies of papers by the Sheriff's department or Private Process Server.

According to Georgia Code, the foremost requirement for divorce is that either spouse must have been a resident for at least six months leading up to the filing. A Complaint for Divorce can be applied by a nonresident of Georgia, but only in the county where the second spouse (who meets the residency requirements) lives.

If both parties are Georgia residents, the divorce motion must be filed in the county where the defendant (the non-filing spouse) currently resides, unless the defendant waives the venue.

Once the copies of Complaint for Divorce and Summons have been served, the defendant has thirty days to file an answer with the court.

When filing the response, the defendant can disagree with any provisions in the petition or issue their claims. The answer must be in writing and filed with the Clerk of Court of the County printed on the petition.

In theory, a free divorce in Georgia is available only if the plaintiff qualifies to submit an Affidavit of Indigency and Eligibility to Proceed In Forma Pauperis and, at the same time, does not resort to the help of any paid services.

In all other cases, divorce is not free in Georgia, though it can still be relatively cheap if it is an uncontested divorce without a lawyer.

The primary forms the spouses need for their uncontested divorce in Georgia include Complaint for Divorce, Verification, Summons, Domestic Relations Financial Affidavit, Mutual Restraining Order, Acknowledgement of Service, and Settlement Agreement (signed before notaries by both parties).

Other forms may include Report of Divorce, Annulment, or Dissolution of Marriage, Child, Support Guidelines Worksheet, Affidavit Regarding Custody, Answer and Counterclaim, Final Judgement and Decree, etc.