Divorce in the Mountain Judicial Circuit: court rules for Banks, Habersham, Rabun and Stephens counties

County pages

Fees, clerks' offices and local help differ by county:

• Banks County
• Habersham County: filing fee $218, sheriff service $50
• Rabun County: filing fee $215, sheriff service $50 for one defendant
• Stephens County: filing fee $224, sheriff service $50 for one defendant ($274 total)

Standing order

The circuit's standing order applies to every domestic relations case, and the filing spouse attaches it to the complaint. While the divorce is pending, neither spouse may:

• Sell, borrow against, damage, give away or move out of the court's reach any property either one has an interest in, apart from ordinary spending such as household bills or reasonable lawyer's fees.
• Cut off the other's utilities or change insurance covering the family or its property.
• Take the children out of Georgia for more than eight days, except in an emergency, or move them from the school they attend, unless a custody order already exists.
• Harm, harass, molest or vilify the other, or threaten to.

The order also warns both spouses that evidence presented at a temporary hearing can be used again at later hearings in the case, including the final one.¹

Mediation

Before a final hearing or trial, the spouses in every contested case must go to mediation or to a settlement conference hosted by a judge. Mediation isn't required when domestic violence is alleged, unless the court assigns the case to a qualified mediator. Child support enforcement and contempt cases are also left out.¹

Under the circuit's 2026 local rules, a final hearing in a contested domestic case won't be scheduled without proof that you completed mediation or a settlement conference. Where abuse or other domestic violence is alleged, you need an express waiver from the assigned judge instead.²

Seminar for Divorcing Parents

In every case involving minor children, all parties must complete the "Seminar for Divorcing Parents" before the final hearing. A parent who lives outside the circuit can take another seminar approved by the Ninth Judicial Administrative District's dispute resolution office, and a certificate of attendance is good for three years. Domestic violence cases, U.R.E.S.A. cases (child support cases between states), and uncontested changes to visitation or child support are exempt.¹

After the seminar, file proof of attendance with the clerk. A party who skips it can face contempt.²

You can take the seminar online through the Ninth Judicial Administrative District's dispute resolution office. Watch it in full: if you fast-forward, you get no certificate and have to pay again. Once you finish, the office sends the certificate to the clerk in your county.⁴

Filing and hearings

Every county in the circuit uses PeachCourt for civil e-filing. If you don't have a lawyer, the clerk may accept your papers on paper and upload them for you. Redacting private information is your responsibility.²

For an uncontested divorce that follows Georgia's child support and parenting time guidelines:

• Attach the child support worksheet with all schedules, the child support addendum and a parenting plan to any proposed order, if you have children.
• File a motion for judgment on the pleadings with an affidavit, and send a courtesy copy of the motion, affidavit, settlement agreement and proposed final decree to the assigned judge's chambers.

If your agreement departs significantly from the guidelines, or asks the court to adopt something unusual, schedule an uncontested hearing with the clerk on a Civil Motions Day instead.²

Each judge holds a Civil Motions Day once a month in each county for hearings expected to take under two hours. Ask the clerk to put your matter on the calendar, file a notice of hearing with the date, time and topic, and serve it on the other side right away with a certificate of service.²

Related guides

• Mediation or court in Georgia
• Georgia divorce costs by county