Divorce in Fulton

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Divorce in Fulton County, Georgia

The laws regarding divorce throughout the state of Georgia vary by county. It’s important to ensure that you know the laws and procedures for the county in which you will be filing for a divorce. If you do not follow the legal guidelines your divorce may be delayed or there could be issues arise.

Quick Facts for Filing for Divorce in Fulton County:

  • Divorces in Fulton County must be filed in the Superior Court.
  • Divorces are either contested (you have disagreements), uncontested (you have signed a Settled Agreement), or by Publication (you have made every attempt to locate your spouse and have been unsuccessful).
  • In Fulton County, different paperwork needs to be filed depending on whether or not you have minor children. Their website offers the forms that are needed to file, including for those with minor children, and those without minor children. Packets can also be picked up in person, with a $2 fee to cover printing charges.
  • The divorce packet of paperwork needs to be completed and submitted, along with the filing fee. The most recent filing fee for a divorce in Fulton County is $220. There is also a $50 sheriff service fee if papers need to be served.
  • You are able to legally remarry after the court has issued a Final Judgment and Decree of Divorce.
  • When filing for a divorce in Fulton County, you have two options. You can complete and file the paperwork yourself, or you can hire an attorney who will complete the paperwork and file it on your behalf, and provide you with representation.

When filing the paperwork for divorce in Fulton County, you must fill out every section accurately. The forms you will need to start the divorce include:

Contested Divorce

  • Petition
  • Case Initiation Form
  • Sheriff’s Entry Form
  • Standing Order

Uncontested Divorce

  • Petition
  • Case Initiation Form
  • Acknowledge of Service
  • Consent to Try
  • Standing Order

Publication

  • Petition
  • Case Initiation Form
  • Affidavit of Diligent Search
  • Notice of Publication

There are additional forms that may be necessary, depending on your personal situation. These include:

  • Notice of Lis Pendens
  • Rule Nisi
  • Affidavit of Poverty and Order of Poverty
  • Child Support Worksheet

Fulton County Divorce with Minor Children

Fulton County requires that those with minor children who are divorcing to attend a Families in Transition Seminar. The seminar takes four hours to complete and is available online and in person. The fee is $30 per person for the in-person seminar, or $50 per person for the online version. Payment must be received at least three days prior to the seminar. Those taking the class online will have to pass an exit exam with a score of 80% or greater. After two failed attempts to pass the exam the fee to re-take the course will be applied. The in-person seminar is held once per month, with a Spanish seminar also being offered. The purpose of the Families in Transition Seminar is to inform parents how divorce impacts children, including how to handle such situations as the needs of children, stress indicators, the grief process, conflict management, and how to reduce stress through the divorce process.

When there are minor children involved, the court will make the final decision as to where the child will reside, visitation, child support, etc. A parenting plan will need to be submitted with your Final Judgment. Assets that are acquired during the duration of the marriage are typically split, with the court making the decision and issuing the final decree.

Fulton County offers meditation services, or Alternative Dispute Resolution. Some parties may be ordered to participate in mediation, with the purpose to help parties resolve conflicts. A third party, who is not able to impose decisions, facilitates a discussion between the parties. Mediation services typically take 1-3 hours.

The Judicial Court of Georgia offers a child support commission website. This site offers an online child support calculator, which may be helpful for those who are divorcing and have minor children.

Should you hire an attorney?

Whether or not you hire an attorney to assist with filing for your divorce is a personal choice. However, it is important to note that completing the necessary forms to file may be complicated for some people. There are also some who may be ideal candidates to have an attorney file on their behalf and represent them. These cases include those with minor children, assets that were gained during the course of the marriage, if there are disputes, or if there are other uncommon circumstances that need to be addressed or resolved.

If you have specific legal questions regarding your divorce in Fulton County you should consult with an attorney who can review the facts of your case in detail and then present you with your best options. If you cannot afford an attorney and feel you need legal assistance, you may find one that takes payment plans, credit cards, or you may find a pro bono (free of charge) attorney by contacting Georgia Legal Aid.