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Divorce in Cherokee

Divorce in Cherokee 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. To file for divorce in the state of Georgia you or your spouse must have been a resident for at least the six months leading up to the filing.

Quick Facts for Filing for Divorce in Paulding County:

  • Divorces in Cherokee County must be filed in the Superior Court.
  • Cherokee County does not provide divorce forms, but they are available online through the Southern Judicial Circuit, including the packets for Uncontested Divorce with Minor Children, Contested Divorce with Minor Children, Uncontested Divorce with No Children, and Contested Divorce with No Children.
  • You are able to legally remarry after the court has issued a Final Judgment and Decree of Divorce.
  • The divorce packet of paperwork needs to be completed and submitted, along with the filing fee. The most recent filing fee for filing for a divorce in Cherokee County is $215, plus a $50 sheriff’s service fee if they will need to serve the papers. All mail-in payments must be in the form of a certified check, money order, or cashier’s check. Credit and debit card payments are accepted in person.
  • Divorces are either contested (you have disagreements) or uncontested (you have signed a Settlement Agreement).
  • When filing for a divorce in Cherokee 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 Cherokee County, you must fill out every section accurately. The forms you will need to start the divorce include:

  • Domestic Relations Case Filing Information Form
  • Complaint for Divorce
  • Verification
  • Summons
  • Domestic Relations Financial Affidavit
  • Mutual Restraining Order
  • Sheriff’s Entry of Service

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

Cherokee County Divorce with Minor Children

Those filing for divorce in Cherokee County will be required to attend the Seminar for Divorcing Parents. Both parents are required to attend, although they do not have to attend it together. The seminar is $50 per person and is payable only by a money order. The purpose of the seminar is to ensure parents are aware of the negative impact that divorce can have on children and to obtain information on how to successfully co-parent.

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.

All contested divorces in Cherokee County are required to participate in mediation, unless the cases have been filed under the Family Violence Act. The mediation program service is kept confidential and is offered to couples so they have third party assistance to help settle disputes. The average length of mediation is 2-3 hours and attendance is mandatory in most cases. Mediators do not have the ability to make decisions or impose settlements, but they can be helpful in facilitating communication so that solutions can be reached.
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 Paulding 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.