Where are we supposed to file for divorce?
The Superior Court in the county where the defendant lives is generally where the case should be filed. If the defendant has left the state, the case can be filed in the county where the plaintiff lives. If the defendant has been gone less than six months, or if the defendant agrees, the case can be filed in the county where the plaintiff lives.
Can we file for divorce if we still live together?
Yes. Generally, the courts will require you to be legally separated, but you can still live in the same home. The basic standard for a legal separation is the couple is not having sexual relations.
What does legally separated mean?
Legal separation is the first step to getting a divorce. To be legally separated, the law expects a couple to no longer be living as husband and wife. Georgia courts do not grant legal separations formally. However, as part of the divorce proceeding, the couple must swear that they are living in a state of separation.
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