If your spouse agrees to it, they or their attorney can accept service of your complaint. They will need to give you a signed and notarized Acceptance of Service as proof that this has taken place.

Georgia also allows for service of an Acceptance of Service via email. In this scenario, you will also need to file a “Notice of Consent to Electronic Service” with the court before you serve your spouse via email.

As an alternative, you can also serve your spouse via a sheriff or special process server. A process server cannot be just anyone; a process server must be certified by your county sheriff’s office to work as a process server. You can typically find a list of certified process servers via the court clerk’s office where you filed. Once your spouse has been served by the process server, the process server will submit a notification to your home court stating that your spouse received the filing.

Sometimes, especially in divorces based on desertion, you may need to serve your spouse via publication in a local newspaper. First, you will need to sign an affidavit stating that you cannot locate your spouse. After your affidavit is accepted by the court, the court clerk will publish a notice of your case four times over 60 days in a local newspaper. The cost of publication is your responsibility.

In mediation, you and your spouse meet with a mediator to discuss the issues on which you can come to agreement before continuing the divorce process. This essential component of the divorce process can reduce the costs and strain of a divorce, and many attorneys recommend using mediation. To learn more about the mediation process for divorce in Georgia, visit our detailed mediation page.

An alternative to the divorce process that many couples consider is collaborative law. Collaborative law is a process by which the parties involved in a divorce work with an array of professionals to address the central questions of their divorce without going to court.

At the start of the collaborative law process, the spouses involved agree to share all information pertinent to the process, including financial assets and liabilities. The spouses also agree to do their best to avoid court and come to an agreement. Your lawyer is an essential part of the process, protecting your rights and ensuring that important issues such as child custody are addressed correctly. The collaborative law process ends with a signed settlement and divorce agreement, which is then submitted for approval to the courts.

Arbitration is another alternative to court that divorcing spouses in Georgia can consider. In arbitration, an arbitrator or a panel composed of several arbitrators reviews a summary of the evidence in a divorce case and renders a judgment based on these facts.

Arbitration is similar to mediation in the sense that they are both alternative dispute resolution methods for settling a divorce. The difference is that in mediation the parties decide their own terms, whereas in arbitration all final decisions are left to the arbitrator or arbitrators.

Spouses considering divorce in Georgia can also use another form of alternative dispute resolution known as a settlement conference. A settlement conference comes in two forms: a judicially hosted settlement conference and an informal settlement conference.

Both types of conferences are similar to mediation in that both parties come together to make decisions about their divorce. In a judicially hosted settlement conference, this process is overseen, however, by a senior judge, or experienced practicing attorneys. Both parties present their positions to the judge or attorney; who, in turn, might express opinions on certain points or provide guidance. No one is under obligation to accept any of the recommendations. If either party is not satisfied with the results of a judicially hosted settlement conference, they can decide to go forward with a trial. In some cases, negotiations during the settlement conference can result in a partial settlement that can serve as a framework moving forward.

In an informal settlement conference, the parties meet together with their attorneys to discuss the issues at the heart of the divorce without the help of a neutral third party. There are no rules when it comes to an informal settlement conference; if the parties involved cannot come to an agreement, they are under no obligation to draft a settlement.

A late case evaluation is an opportunity to settle a case that typically occurs at the behest of the judge, if that presiding judge believes a settlement is possible. A late case evaluation can be scheduled any time after the discovery process is finished, but is often scheduled at the 120 Day Status Conference.

In a late case evaluation, a neutral third party known as a late case evaluator listens to the positions of each spouse. The evaluator then makes a recommendation concerning settlement. This recommendation is non-binding. Late case evaluations can be valuable for both parties because the evaluator’s recommendations can provide some insight into the strength of their positions and whether or not that position would succeed at trial.

Neutral late case evaluators are often family law attorneys, retired judges, or Superior Court judges not currently associated with the case. Both parties can come to an agreement on who the late case evaluator will be; if there is no agreement, the court can assign one.

Lay witness testimony is a testimony given by people who have been privy to certain aspects of a marriage. Lay witnesses can include neighbors, friends, teachers, and more. When child custody is at stake, a child may testify, but that typically only occurs under certain circumstances. A judge may also ask to speak with a child in chambers with the attorneys present.

Expert witness testimony is given by individuals who have expertise in certain areas relevant to the divorce, such as child wellness and finances. Experts can include accountants, psychologists, and property appraisers, to name a few.

The parties involved in a divorce may also present documentary evidence related to the case. This can include anything from pay stubs and bank statements to a child’s school report card. Both parties may also present physical evidence such as recordings or photos at trial.