As readers of this legal blog know, navigating the divorce process can feel like traversing a battlefield. It can also be expensive, and as a result, many wonder if an attorney is necessary (or even required). In Georgia, you are not legally required to have an attorney to file for divorce. However, it is a good idea to have one.
Understanding the legal landscape and the benefits of professional legal assistance can be crucial because there are legal landmines that can be set off in a divorce proceeding.
Filing for divorce without an attorney
In the Peach State, individuals can file for divorce on their own. First, file a complaint for divorce. This is filed with the Clerk of the Superior Court. Choosing which clerk is important because they must be in the county where either you or your spouse lived for at least six months.
Next, you must serve those divorce papers to your spouse through the sheriff’s office or a private process server. Your soon-to-be ex-spouse then has 30 days to respond to the divorce complaint.
Why consider hiring a divorce attorney?
While managing a divorce without legal representation is possible, hiring an attorney offers several benefits. Primarily, they offer expertise and knowledge. Divorce attorneys understand Georgia’s divorce laws and can navigate the legal system efficiently.
This ensures that you avoid mistakes and protects your interests. Legal paperwork can be complex, but an attorney handles that complexity. And, an attorney advocates for your rights, which ensures a fair division of assets and proper arrangements for child custody and support.
Finally, an attorney can help reduce stress and could offer alternatives to divorce litigation. Even in uncontested divorces, divorce is emotionally taxing. An attorney overseeing the legal aspects can reduce your stress. Plus, some attorneys can facilitate negotiations and mediate disputes, which can potentially, avoid a contentious and costly court battle.
While Georgia does not require an attorney for a divorce, having one can provide significant advantages. From ensuring legal accuracy to protecting your interests, a divorce attorney can make the process smoother and less stressful.
