How Long Does Divorce Take To Finalize?

How Long Does Divorce Take To Finalize?

In most circumstances, the first step often involves agreeing to the divorce and its terms before filing. This part of the timeline is up to you and your spouse as you must come to an agreement as quickly as possible. 

Once both parties have agreed to divorce and come to terms, the divorce may be filed. There is a minimum 30-day period between filing and the judgment. In the simplest, most straightforward cases, it can take just a little over a month to finalize a divorce.

Under certain circumstances, a spouse may file for divorce without the other party first agreeing to terms. Because all cases are different, it is best to seek counsel when determining how to file and how to move forward with serving the other party with divorce papers. In general though, the following Georgia divorce rules apply:

  • After one spouse files for divorce, the other has 30 days to respond to the Complaint if he or she lives in the state of Georgia.

If the filing party’s spouse fails to respond to the Complaint, the court will allow divorce proceedings to move forward so long as proper service has been provided.

In cases when the filing party’s spouse fails to respond, the filing party must appear before the judge and is considered the main witness at the hearing. The judge will then make a determination based on the facts of the case.

In cases where the spouse responds and a Marital Settlement Agreement has been executed along with an Acknowledgment of Service and Consent to Jurisdiction form, the filing party can schedule a final hearing. After the final hearing takes place, the court will provide a final judgment. A settlement of marital issues is granted at the same time as the divorce.