Georgia Divorce
From LoveToKnow Divorce
By Yvette Robinson
In any Georgia divorce, papers must be filed in the Superior Court.
Before Filing For A Georgia Divorce
Residency Requirement
To file for divorce in a Georgia court, one spouse must have lived in the state of Georgia for six months or Georgia must have been the last residence of the marriage.
No Fault Divorce
To get a Georgia divorce on “no fault” grounds, one spouse must show that they cannot live with the other spouse. They must also show that there is no chance that the spouses will change their minds.Georgia divorce laws do not require that the spouse must show there is any misconduct by the other spouse.
The Fault Divorce
To get a Georgia divorce on one of the "fault" grounds, the spouse must prove one of the following:
- Adultery
- Desertion for at least a year.
- Mental or physical cruel treatment
- Marriage between persons who are related by blood
- Mental incapacity
- Impotency
- Force or fraud in getting married
- Pregnancy unknown to the husband at the time of the marriage
- Conviction and imprisonment
- Habitual intoxication or drug addiction
- Mental illness
How to File for Divorce
The person seeking a divorce in Georgia (the plaintiff) will file a document called a "complaint" with the Superior Court. This complaint must address the present living situation, any children, property, and the specific reason for the divorce.
The Georgia divorce complaint should be filed in the Superior Court in the county where the defendant lives. But, if the defendant has recently moved from the state of Georgia, the complaint must be filed in the county of the plaintiff's residence. If the defendant agrees, the complaint can be filed in the county where the plaintiff lives regardless of whether the defendant has moved from the state of Georgia.
The spouse filing the complaint must serve a copy on the other spouse (the defendant). Service can be done by the local sheriff, constable or a hired process server.
The defendant spouse may challenge the Georgia divorce complaint. That spouse may even challenge the claims for child custody, child support, alimony or property division by filing an answer with the Superior Court. But, if the defendant spouse does not file an answer within 30 days, the opportunity to challenge the complaint may be denied.
A temporary hearing may be requested to resolve the issues of child custody, support, debts, and possession of property on a temporary basis. The judge will issue a temporary order that applies only until the time of the final trial.
Agreements Between The Spouses
Some spouses may agree on all the important issues, including property division and child custody. This agreement is given to the Superior Court and, if the court approves it, made an order (final judgment) of the Georgia divorce court. But, a judge must always decide child custody, child support, and visitation.
If there is an agreement between the parties, an uncontested divorce the Georgia divorce court may grant the divorce 31 days after the defendant spouse has been served with the complaint.
What Happens To The Children
Child Custody
Child custody, child support, and visitation are always decided by the judge at the final trial. The judge or a jury (if one of the parties has requested) will decide the financial issues, such as division of property and alimony.
In a Georgia divorce, the mother is not automatically given custody of the children. The judge only thinks of the best interests of the child. The judge considers the age and gender of the child, the child’s relationship with each parent, and the ability of each parent to take care of the child. Sometimes, the court will allow a child over 14 years old to choose he or she will live with. Visitation rights are usually given to the parent who does not get legal custody.
Child Support
In any Georgia divorce, both parents can be required to pay child support [child support article] until a child reaches the age of 20, dies, graduates from high school, marries, is emancipated, or joins the military.
Alimony
The Georgia divorce court may give alimony, or spousal support, to either spouse without regard to gender. Often times, alimony is granted until the spouse dies or remarries. Alimony can also be paid in one lump sum payment of money or property, or it may be paid over an extended period of time.
Dividing Property
Georgia divorce law says that marital property is any property obtained during the marriage, except for property received as a gift from someone outside the marriage or by inheritance. Each spouse is entitled to a fair share of any marital property obtained during the marriage. The court does not use a set formula when dividing the marital property. Instead, the court will divide the marital property equitably, but not necessarily equally. This occurs regardless of who’s name is on the title.
Learn More
Comments
Ami,
Child support may continue until the child has graduated from college. Your husband's ex can apply to the Court to have child support continue until that time, but your husband has the right to present his own arguments as well. I would suggest that he consult with an attorney to get advice for his specific cir...stances.
Jodee Redmond LoveToKnow Editor
-- Contributed by: JCRedmondRtginga,
The first thing that would need to be determined is if she is legally entitled to the money. After that determination has been made, you can consult with an attorney to find out whether it would be considered marital property. You can find more information about marital property in Georgia here.
Jodee Redmond LoveToKnow Editor
-- Contributed by: JCRedmondMy husbands daughter from his previous marriage will turn 18 on March 28, 2009. She is graduating high school and then going to college. His ex wife said he has to continue child support even thouhg she is living in a dorm at college till she graduates. It says in his divorce papers that "The husband shall make monthly payment to the wife for the care and support of the child in the amount of 300.00 payable by the 20th of the month befinning on July 20, 1994 but it does not say till a specific age, or joins the militay, gets married or dies or turns 18 like it does when insurance and visitation rights are addressed. His ex wife said he can pay off her car which she bought for her with out us knowing or continue to pay child support till the car is paid off. She applies his child support to pay his daughters car payment. Can she go to court to legally have his child support extended. We are paying 50% of all of her college but we can not afford to pay both. I thought child support was while the child is living at home and helps pay for food, clothes basic needs of a child. Thank you.
-- Contributed by: Ami FitzpatrickThis page has been accessed 4,398 times. This page was last modified 20:39, 29 July 2006.
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