Crystal Wright | August 11, 2025 | Divorce in Georgia
Divorce is never easy, emotionally, financially, or legally. If you live in Lawrenceville, Georgia, and are considering divorce, knowing what to expect can help you feel more prepared. While every case is unique, most divorces in Gwinnett County follow a series of steps.
Here’s a breakdown of the seven-step divorce process.
Step 1: Determine the Type of Divorce
Before filing, you’ll need to know whether your divorce is contested or uncontested.
- Uncontested divorce: Both spouses agree on every major issue. This is usually faster and less expensive.
- Contested divorce: The spouses cannot agree on at least one major issue. This type of divorce takes longer, often requires mediation or a trial, and may be more stressful.
In Georgia, you don’t have to prove fault to file for divorce. The most common ground is an “irretrievably broken” marriage, which is Georgia’s version of a no-fault divorce.
Step 2: File the Divorce Petition
The divorce process officially starts when one person, the petitioner, files the Petition for Divorce with the Clerk of the Superior Court of Gwinnett County. The petition includes basic details such as:
- The statutory grounds for divorce
- Verification that the petitioner meets the residency requirements to file for divorce
- Information about minor children
- Date of marriage and separation
- Each party’s earnings and property
A filing fee is required, though fee waivers may be available if you cannot afford it.
Step 3: Serve Your Spouse
After filing, the other spouse (called the respondent) must be legally notified. This is done through a process called service of process. A sheriff’s deputy or a private process server typically delivers the divorce papers.
If your spouse cannot be located, you may ask the court for permission to use alternative service, such as publication in a local newspaper. The spouse receiving the papers generally has 30 days to file a response.
Step 4: Temporary Court Orders
Until your divorce is finalized, there may be many important issues that need to be addressed. These issues range from logistics to financial concerns. Temporary orders may be issued by the court that last for the duration of the legal process to address:
- Child custody and parenting time
- Child support
- Spousal support
- Who stays in the marital home
- Temporary use of vehicles or property
- Access to marital bank accounts and other financial concerns
- How debts will be handled
These orders remain in place until the divorce is finalized, unless the court modifies them. They are not intended to be permanent.
Step 5: Discovery and Financial Disclosures
The early stage of divorce litigation is the discovery phase. This is when both spouses exchange documents and information. Georgia law requires both spouses to provide complete financial information.
Discovery ensures transparency about income, property, debts, and expenses. Common discovery tools include:
- Sworn financial affidavits
- Tax returns, pay stubs, and bank statements
- Interrogatories (written questions that must be answered under oath)
- Depositions (formal interview taken outside of court with questions answered under oath)
Honesty in financial disclosures is critical. Hiding assets can result in penalties.
Step 6: Mediation or Settlement Discussions
If you and your spouse can work together to solve disagreements, you can reach a divorce settlement agreement without going to trial. Settling even one or two major issues can reduce the cost of litigation.
The court may also order mediation, a type of dispute resolution facilitated by a neutral, trained mediator. A mediator helps both sides work toward an agreement on issues like custody, child support, spousal support, and property division.
Mediation is less stressful and less expensive than a trial. If an agreement is reached, it’s put in writing and submitted to the court for approval.
Step 7: Trial and Final Judgment
If no settlement is reached, the case moves to a trial before a judge. Both spouses present evidence and testimony. The judge then decides all unresolved issues, including custody, property division, and support.
Once all issues are resolved, the judge issues a Final Judgment and Decree of Divorce, which legally ends the marriage. This document outlines the division of assets, custody arrangements, support obligations, and any other terms.
How Long Does Divorce Take in Lawrenceville?
The timeline depends on whether the divorce is contested. Uncontested divorces can sometimes be finalized in as little as 31 days, which is the minimum waiting period in Georgia. Contested divorces may take several months or more than a year, depending on the complexity of the issues and the court’s schedule.
The divorce process in Lawrenceville can feel overwhelming, but breaking it down into clear steps makes it more manageable. From filing the initial petition to receiving the final judgment, understanding what lies ahead helps you prepare for each stage and your new life post-divorce.
For help, contact Crystal Wright Law, LLC to schedule a free consultation with a Lawrenceville divorce lawyer.
We serve all through Lawrenceville, Georgia, in Gwinnett County and its surrounding areas.
Crystal Wright Law – Atlanta Office
1718-1720 Peachtree St NW, Suite 920, Atlanta, GA 30309
(404)-594-2143
Crystal Wright Law – Lawrenceville Office
440 S. Perry Street, Suite 105, Lawrenceville, GA 30046
(404)-649-5554
