Georgia Divorce

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.