Divorce in Georgia: Does it Matter Who Files First?

Divorce in Georgia: Does it Matter Who Files First?

While filing for divorce out of spite is not a fine decision. However, those who are considering divorce may benefit from filing first. The first step in getting a divorce in Georgia is to file a complaint with the court. Mentioned below are some of the advantages of filing a divorce first:

  1. The one who files first gains traction in the media, which was recently highlighted in an article of a magazine published by Forbes.
  2. When it comes to assembling required experts, having the first choice is advantageous.
  3. When it comes to paperwork preparation, the one who files first will have more time.
  4. Filing first lowers the chances of the former spouse concealing any assets.

The Components of Any Divorce Procedure:

The legal systems and processes for divorce, whether contested or uncontested, are very complex and challenging. So in the majority of cases, meeting with an attorney or lawyer prior to applying for divorce is a good idea to save resources and time when it comes to navigating the legal systems. It will take some time to find the best practitioners.

Emotional stress and turmoil is something that is closely connected to the divorce process and should not be ignored in any case. So in addition to a competent divorce attorney or lawyer, anyone going through a divorce will benefit from finding a therapist to help them navigate the emotional stress that comes with the process. A divorce financial analyst is also highly recommended when it comes to cases where there is a complex combination of assets and properties.

Documentation is an inevitable part of the divorce filing process. It is always a good idea to start collecting the documents required to finalize the divorce while assembling this team of professionals. To help have a fair settlement, a variety of documents are required, including tax records, insurance papers, estate plans, and details regarding retirement plans and stocks owned or purchased.

Automatic Temporary Restraining Orders, called ATROs, are used to secure these assets and properties during the divorce proceedings. An ATRO is a legal order that freezes accounts in order to secure assets and properties. ATROs usually forbid any partner from transferring ownership rights of assets and properties, insurance documents, or bank accounts. They also prevent one from changing the beneficiary on insurance plans and policies.

ATROs are intended to minimize the risk of one partner concealing or wasting properties and assets in order to keep them hidden or away from the former spouse. Through filing first, one can guarantee that these measures and precautions are taken in advance before the other partner gets a chance to conceal any assets or properties.

Law for Divorce in Georgia:

The national divorce rate of the U.S, according to the U.S. Census Bureau's 2019 American Community Survey is 7.6 divorces for every 1,000 women that are 15 years old and older. The rate of divorces in Georgia is among the states with the highest divorce rates.

These 13 reasons are considered grounds for divorce in Georgia:

  1. Impotency at the time when both married
  2. Intermarriage between people with forbidden degrees of kinship
  3. Mental illness at the time of marriage
  4. Wife’s pregnancy with a man other than the husband (and unknown to the husband)
  5. Engaging in adultery while married
  6. Desertion
  7. The marriage is irreversibly broken
  8. Cruel treatment
  9. Marriage by threats, duress, or fraud
  10. Conviction of a crime of moral turpitude that carries a penalty of two years or more in jail
  11. Intoxication on a regular basis
  12. Addiction to drugs on a regular basis
  13. An incurable mental disease


One must prove the action or fault to get a divorce in Georgia on all of the grounds other than "the marriage is irreversibly broken."

A lawsuit is filed with the court to start the divorce process in Georgia. This file, also known as a divorce petition, should contain the reason for the divorce, a list of assets and properties, and an outline of child custody arrangements. The petition is usually lodged in the Superior Court of the non-filing spouse's home county.

Contact Us:

Going through the divorce process, whether you're filing for divorce or receiving divorce papers from a partner, is never easy. Contact an expert Georgia divorce lawyer or attorney at Cheap Uncontested Divorces to clarify your legal rights and defend your best interests while you are going through a divorce in Georgia.

If you and your partner are willing to handle the situation in a manner where you wish to minimize the collateral damage, our Georgia divorce lawyers and attorneys are here to help. They will also guide you regarding grounds for a divorce and further proceedings.