Lyons, GA Divorce Law Firms & Lawyers

It all depends on a number of  factors. If you are seeking an uncontested divorce, you may be able to obtain a hearing within 31 days after filing.  An uncontested divorce means the spouses agree to all terms.  If there is a dispute on any issue, it is not an uncontested divorce and the time frame for obtaining a divorce will be extended.  When you file a contested divorce, a temporary hearing can be requested to address temporary spousal support, visitation, custody, and possession of the marital residence.  The judge's calendar and the ability to serve the respondent spouse will dictate the timing of the temporary hearing.   The judge can also order mediation or you can request mediation.  Mediation may resolve all the disputed issues and push the timetime up  for obtaining a divorce.  Otherwise, it may take upwards of 9 months to a year (if not longer) from filing to final hearing to obtain a divorce.  Six months is taken up with discovery.  If there are multiple disputes with minor children, the process can be very long. 

With regard to the house, as this is the marital residence, he has the same right to be there as you. You cannot keep him out unless you file for divorce and obtain a court order for exclusive use. As for the child, when you say you both have legal custody, but the child is not of the marriage, you need to be sure you are correct about that. If the child was born during the marriage, it is presumed marital, but you can challenge that on divorce. If he is keeping the child from you, you can file for divorce and inform the court of his actions. Courts do not like such behavior.

first you can file.. second you file a motion for alternate service..third fulfill the alternate service and default him and get a default judgment of divorce.