Divorce Laws in Georgia

Exploring Georgia Divorce Laws

If you live in the Peach State and are considering filing for divorce, there are a few things you should know about Georgia divorce laws and the process. In Georgia, you must have been a resident for at least 6 months before you can file for divorce. Once you file, you must wait 30 days before a divorce is granted, making the “waiting period” effectively 30 days. While the divorce rate in Georgia is one of the lowest in the country at 3.9%, the courts do grant divorces on the basis of both no-fault and fault divorce grounds. Most divorces are granted on the basis of no-fault, and typically no fault needs to be proven in court. Annulments are not common in Georgia, as they do not entitle spouses to supposal or child support.

Legal Separation in Georgia

If you are looking to separate from your spouse, but not necessarily get a full divorce, you may be interested in legal separation. In Georgia, there is no statute for legal separation, but there is a close equivalent called “separate maintenance”. The paperwork for this is very similar to legal separation, and there are no minimum residency requirements to file for separate maintenance in Georgia. You can find papers for WITH children here and for WITHOUT children here.

Divorce Grounds in Georgia: A Comprehensive Guide

When it comes to divorce in Georgia, there are two main types of divorce grounds: no-fault and fault. Read on to learn more about the different divorce grounds available in the state of Georgia.

No-Fault Divorce Grounds in Georgia

The most common type of divorce ground in Georgia is no-fault, which means that a marriage has broken down to the point where there is no hope of reconciliation. This is referred to as an irretrievable breakdown of the marriage.

Fault Divorce Grounds in Georgia

In addition to no-fault, there are fault divorce grounds in Georgia, which can be used to seek a divorce if one or both spouses have caused the breakdown of the marriage. These grounds include:

• Mental incapacitation
• Impotency
• Duress or fraud
• Pregnancy before marriage
• Adultery
• Willful and continued desertion
• Imprisonment
• Habitual intoxication
• Cruel treatment
• Incurable mental illness
• Habitual drug addiction
• Intermarriage by prohibited blood group

It’s important to note that each divorce ground is complex and can vary depending on the individual case. If you’re considering a divorce in Georgia, the best thing to do is contact a professional divorce attorney or divorce lawyer who can provide more detailed information.

Georgia Divorce Laws

Getting a divorce can be an overwhelming process, but understanding the laws in your state can help make the process smoother. Georgia has specific divorce laws that need to be followed when filing for a divorce. Here’s what you need to know.

Residency Requirements

Before filing for a divorce in Georgia, you must have lived in the state for six months. If you are a non-resident, the divorce court cannot grant the divorce.

Documents Required for Filing

When filing for a divorce in Georgia, you must submit a complaint to the local Superior Court. This document should include information about the marriage, such as living arrangements, children of the marriage, assets and debts, and the reason for the divorce. A copy of the complaint will be served to your spouse.

Distribution of Property

Georgia is an equitable state, meaning that all marital property is divided fairly. There are no specific factors used to determine property division.

Change of Name or Restoration of Name

In all divorce actions, the wife is allowed to restore her maiden name.

Mediation

The court may ask the spouses to attend mediation as a last chance to reconcile or wait for the court to make a decision.

Alimony

Alimony is awarded to one spouse if they become economically dependent on the other. Factors such as the standard of living before marriage and the length of the marriage are considered when awarding alimony.

Child Custody

The court awards custody to the parent who has the better relationship with the child. The child must be given to the proper custody of the parent before the divorce is granted.

Child Support

A portion of the non-custodial parent’s income is used to support the child according to the state’s child support guidelines. The child is to be supported until they turn 18 or until they graduate high school.

If you need more information about divorce laws in Georgia, it’s best to contact a professional divorce attorney or divorce lawyer.

Annulling a Marriage in Georgia

Annulment is the legal declaration that a marriage never existed. Although Georgia annulment laws make it difficult to prove the necessary grounds, an annulment can be obtained in about 30 days after filing a petition in court.

Grounds for Annulment in Georgia

If one of the following circumstances applies, you may qualify for annulment in Georgia:

• • Incest: Georgia annulment laws state that any sexual intercourse between blood relatives, such as a parent and child, stepchild, grandparent and grandchild, aunt and nephew, or uncle and niece, is grounds for annulment.
  • Mental Incapacitation: Georgia annulment laws prohibit a mentally disabled person from entering into a marital contract.

Underage Marriage:

 A marriage is considered illegal if it is entered into by someone who is under the marriageable age of 16 without parental or court approval.
• Fraudulent Act: If one spouse has entered into the marriage by means of a false contract or misrepresentation, annulment may be granted.
• Duress: If you were forced into the marriage, you may be able to file for annulment.
• Bigamy: Georgia annulment laws state that only one person can be married at a time. If your spouse was already married at the time of marriage, you may be able to annul the marriage.

Georgia Divorce Law – Common Questions

Filing for divorce can be a complicated process, so it’s important to make sure you’re well-informed about the divorce laws in your state. If you’re in Georgia, here’s the lowdown on what you need to know.

How Long Do I Have to Live in Georgia Before I Can Get Divorced?

According to Georgia divorce law, you can file for divorce if you’ve been a resident of the state for six months or 180 days (whichever is longer). Even if your spouse doesn’t live in Georgia, you can still file for divorce.

How Soon Can I Be Rid of My Marriage?

That depends on your individual divorce case and how quickly you and your spouse can reach a divorce settlement.

What Is the Filing Fee for Filing Georgia Divorce Papers?

The filing fee for divorce in Georgia varies from county to county, but is typically around $200.

How Do Divorce Attorneys in Georgia Charge?

Mostly, Georgia divorce lawyers charge their clients by the hour, although there are cases where flat fees have been negotiated.

How Much Will the Divorce Cost Me?

It’s hard to give an exact figure since each divorce is unique, but the average cost of a divorce in the U.S. is $18,000.

Can I Represent Myself in Court?

Legally speaking, yes, you can represent yourself in court. However, it’s not recommended, as an experienced divorce attorney can help you navigate the legal complexities of the divorce process.

Can My Spouse and I Hire the Same Georgia Divorce Lawyer?

No, that’s not possible. Georgia divorce law requires that both spouses are separately represented in court.

Do Common Laws Have Legal Recognition in the State?

No, common laws have no legal status according to the Georgia divorce law unless you had common law status before January 1st 1999.

Is Georgia a No-Fault State?

Yes, Georgia is a no fault state. Georgia divorce law allows both divorce on grounds and no fault divorces, although most divorces filed in the state are no fault divorces.