Is it possible to get a divorce without any lawyers? We just don't want to be married?

[NotMysteriousEnough]

Jurisdiction

Georgia

Is it possible to get a divorce without any lawyers? We just don't want to be married? What are the necessary complexities?
We have one kid, but we already have a financial arrangement for her.

 

[army judge]

Is it possible to get a divorce without any lawyers? We just don't want to be married? What are the necessary complexities?
We have one kid, but we already have a financial arrangement for her.

If you had no children and owned no real estate it would be easier to do without a lawyer.

GA does allow no fault divorces, but any pre-existingaagreement about the child, custody, and child support must be done as part of the divorce.

You can read more here:

Divorce

How Do I File for Divorce in Georgia

GeorgiaLegalAid.org | A guide to free and low-cost legal aid, assistance and services in Georgia

Do it Yourself Georgia Divorce



Divorce Online Is Fast And Easy | CompleteCase.com

 

[adjusterjack]

In addition to the sources provided by Army Judge, your county family court website should have forms and instructions.

If not, you can find a divorce packet on the Fulton County court website.

Superior Court of Fulton County

And modify it for your local court.

 

[NotMysteriousEnough]

GA does allow no fault divorces

I'm not being combative. But I think this is saying the opposite.

We don't have any property to split. Nothing was built out of this marriage.
Thanks for the resources

In addition to the sources provided by Army Judge, your county family court website should have forms and instructions.

If not, you can find a divorce packet on the Fulton County court website.

Superior Court of Fulton County

And modify it for your local court.

Thanks. We just so happen to be in Fulton.

 

[adjusterjack]

I'm not being combative. But I think this is saying the opposite.

It's not. "Irretrievably broken" is a legal euphemism for "we just don't want to be married." It's what you check if nothing else applies.

See item 24 of the petition:

https://www.fultoncourt.org/family/forms/P06-Divorce-WC-Petition.pdf

Now see OCGA 19-5-3. Of the 13 grounds for divorce, irretrievably broken is the catchall if none of the others apply:

2017 Georgia Code :: Title 19 - Domestic Relations :: Chapter 5 - Divorce :: § 19-5-3. Grounds for total divorce

 

[Red Kayak]

View attachment 2336
I'm not being combative. But I think this is saying the opposite.

We don't have any property to split. Nothing was built out of this marriage.
Thanks for the resources


Thanks. We just so happen to be in Fulton.

You are being combative.

You "just don't want to be married" anymore . That means you want a divorce, without either party being "at fault". That means you want a "no fault divorce".

Or are you saying that your marriage is NOT irretrievably broken, i.e., your marriage can be fixed?

Actually, what you currently are hoping for is an uncontested no-fault divorce.

I suppose it is possible.

My observation, especially when there's child(ren) involved, is that if it could be amicably done, you could also amicably stay together. You may, at this point think that your spouse is on the same page, but your spouse may beg to differ, and be a stick in the mud on some part of the parenting plan (custody, child support, etcetera). At that point, it may become a contested divorce.

Even a contested divorce can be achieved without a lawyer. The question is, is this a "penny saved pound foolish" decision?

 

[army judge]

Allow me to simplify things for you.
It isn't all that easy, and isn't simple by any means.
As you'll soon discover.
===============================
In Georgia you and your spouse must be "legally separated" to file for divorce, but that doesn't mean you must be living apart.

According to Georgia law, you are legally separated if you are no longer engaging in marital relations and you consider yourselves to be in an actual state of separation.

To obtain a "no-fault" divorce in Georgia, one spouse must simply state a belief that the marriage is over, or "irretrievably broken." Most divorces in Georgia are no-fault divorces.

The person seeking the divorce (the "plaintiff" or "petitioner") must file a document in the appropriate Superior Court.

The document is the "complaint" or "petition."

It contains information such as current living arrangements, children, marital assets, debts, and the specific reason for seeking divorce.

A copy of the complaint will be served on (personally delivered to) the other spouse (the "defendant" or "respondent") by a sheriff of the appropriate county, or that spouse may acknowledge service by signing a document before a notary public.

The defendant is allowed 30 days to file a written answer to the complaint.

Whether your divorce is complicated or simple, is determined how you and your spouse behave.

The more you can agree, the easier the divorce becomes.

If you reach an agreement on all issues, the divorce is "uncontested," and may be granted as soon as 31 days after all filings have been completed.

Until the court has ruled on the divorce petition, BOTH parents share custody.

The judge will try to fashion a custody plan that is in the "best interests of the child."

The judge considers the age and gender of the child, the ability of each parent to nurture the child, and protect the child.

Any child who has reached 14 years of age COULD be allowed to choose which parent will have physical custody.

A judge will often listen to the wishes of children aged 11 to 13.

The court can award joint custody instead of sole custody.

There are two types of joint custody: Joint legal custody, where both parents have equal rights and responsibilities for major decisions concerning the child; and joint physical custody, where the child has substantially equal time and contact with both parents.

The court may order joint legal custody, joint physical custody, or both.

Parents must support their children, until a child reaches majority at age 18.

The non-custodial parent usually is required to pay a reasonable amount to the custodial parent to assist with the child's living expenses.

Child support may also include payment for health insurance, medical and dental expenses, and life insurance.

Courts rely on child support guidelines (Georgia Code section 19-6-15) to calculate the appropriate amount of child support.

The amount is based on factors including time the non-custodial parent spends with the children, the ages of the children, daycare costs, medical costs, education costs, significant income or debt of either parent, and obligations to another household.

The guidelines are revised frequently.

Each parent is required to prepare a Domestic Relations Financial Affidavit, setting out his or her financial circumstances.

How to File for Divorce in Georgia | Rocket Lawyer

The state of Georgia has 13 grounds for divorce.

One of the 13 reasons is "irretrievably broken marriage", or the no-fault ground.

 

[Zigner]

View attachment 2336
I'm not being combative. But I think this is saying the opposite.

Read it again - it's saying exactly the same thing

 

[KatDini]

The judge will try to fashion a custody plan that is in the "best interests of the child."

The judge considers the age and gender of the child, the ability of each parent to nurture the child, and protect the child.

Any child who has reached 14 years of age COULD be allowed to choose which parent will have physical custody.

A judge will often listen to the wishes of children aged 11 to 13.

While children over the age of 14 are allowed to state a preference for the parent they wish to reside with, Georgia judges now use the "Best Interests" standard to make the final decision. This is to prevent one parent from 'buying' the child's affections.

 

[zddoodah]

Is it possible to get a divorce without any lawyers?

Yes.

We just don't want to be married?

Despite your use of a question mark, this sentence is not a question. If you intended a question, I cannot discern what you intended to ask.

What are the necessary complexities?

I have no idea what this question means. It sounds like you're asking us to walk you through the divorce process. Even if a Georgia family law attorney happened on this post, that's not something that's suitable for a message board. I suggest you see if your local court has any self-help materials or that you buy a "divorce for dummies" type book.

 

[NotMysteriousEnough]

Read it again - it's saying exactly the same thing

Oh, I had to re-read your post again. Okay. thanks.

The more you can agree, the easier the divorce becomes.

I'm glad we have this. We're at this point now.

The non-custodial parent usually is required to pay a reasonable amount to the custodial parent to assist with the child's living expenses.

I'm glad I've already got adjusted to this.


Thanks guys. The main thing I was looking for were the forms.