Divorce in Cobb 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.
Quick Facts for Filing for Divorce in Cobb County:
- Divorces in Cobb County must be filed in the Superior Court.
- In Cobb County, different paperwork needs to be filed depending on whether or not you have minor children. Their website offers the forms that are needed to file, including for those with minor children, and those without minor children
- The divorce packet of paperwork needs to be completed and submitted, along with the filing fee. The most recent filing fee for a divorce in Cobb County is $216.
- Divorces are either contested (you have disagreements) or uncontested (you have signed a Settled Agreement).
- You are able to legally remarry after the court has issued a Final Judgment and Decree of Divorce.
- When filing for a divorce in Cobb 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 Cobb County, you must fill out every section accurately. The forms you will need to start the divorce include:
- Complaint for Divorce
- Verification
- Summons
- Domestic Relations Financial Affidavit
- Domestic Relations Case Filing Information Form
- Sheriff’s Entry of Service or acknowledgement of service
- Standing Order
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
Cobb County Divorce with Minor Children
Those divorcing in Cobb County that have minor children are required by law to attend a 4-hour Divorcing Parents Seminar. The purpose of this seminar is to provide parents with information regarding how divorce may impact their children, child development stages, identifying when the child may need some professional help, and realistic expectations. The class schedule offers the class in the morning and afternoon each week.
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.
Cobb County also offers a Family Law Workshop each month that can assist with cases regarding divorce, contempt, modification, and paternity/legitimization. Additionally, Cobb County offers a mediation program that is available to help those with disputes try to find common ground. The program is available to those with civil and domestic disputes.
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 Cobb 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.