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Video instructions and help with filling out and completing Divorce in georgia alimony
Instructions and Help about Divorce in georgia alimony
Hi I'm Dave Ward from the ward law firm and one of the things that people almost invariably want to know how long is my case going to take when a divorce is filed there are certain minimum time frames that come into effect and they fall under under different rules procedurally however the overwhelming majority of cases where divorces are granted are granted under Georgia's no-fault provision which states that a marriage is irretrievably broken with no hope of reconciliation and when a divorce is going to be granted under those terms the law states that a court cannot hold a trial until 30 days from the date that has been filed has elapsed and that's to see whether or not there is in fact any opportunity for the parties to reconcile now I can tell you even in an uncontested divorce it never ever happens that fast usually the best that you can hope for in a situation we have a truly uncontested divorce which are very very rare coincidentally but if you do have a truly uncontested divorce usually the best that you're looking at is between 60 and 90 days and that's usually a result of the trial court's schedule as opposed to really anything else so it just takes a certain amount of time to get on to a calendar to appear before the judge to handle those things there are other ways of dealing with that as well when you have an attorney assisting as far as a contested case goes unfortunately there's not a real good answer to that and there are several reasons for that number one there are a lot of things that can happen over the course of a contested case and some of those things do take quite a bit of time one of the big is the discovery process discovery in divorce cases and other civil cases under Georgia law is presumed to be six months now a judge can either lengthen that period of time where they can shorten that period of time but that's the presumption in Georgia other things that come into play are trying to go through negotiations and see if the parties are able to reach a settlement so that's one thing that hopefully can shortcut things a little bit but there's never a guarantee that that's going to happen and in addition to that there's always the fact that when the divorce is filed you've gotten through the discovery if that's what's going to be happening then there's always the the question of when can you get on a trial courts calendar most courts before they'll even consider putting you on a calendar are going to require that you attempt mediation in the case and that can take 45 days just by itself to schedule so the divorce process itself if it's contested and remains contested the entire way through can take nine months or believe it or not even longer.