Georgia Divorce Laws
Georgia's divorce laws are contained in Title 19, Chapter 2 of the state's Revised Code. To obtain a divorce in the state, one of the spouses must have been a resident for at least six months immediately prior to filing.
Fault vs. No-Fault Divorce
Georgia is a "no-fault" divorce state. This means that it permits spouses to claim that the marriage is irretrievably broken without placing blame for the demise of the marriage on either one.
However, the state also provides 13 grounds for a divorce. Potential grounds include desertion for at least a year, adultery, drug or alcohol abuse or incarceration for two years or longer. In some circumstances, claiming grounds may affect the court's property distribution or child custody award.
Either spouse can file for a divorce, even a spouse who lives outside of Georgia. In this circumstance, however, the non-filing spouse would need to satisfy the state's residency requirements.
The Waiting Period
For a no-fault divorce, the parties must wait at least 30 days after filing to obtain a final divorce decree. This rule does not exist for at-fault divorces because, by nature, they take longer than 30 days to resolve. Spouses do not have to live separately for any period of time prior to filing.
Property Division
Georgia law allows the court to divide marital property as it feels is equitable. This means that it is not guaranteed that each spouse will receive half of the marital estate. Typically, however, property acquired prior to marriage is returned to the spouse who owned it and all other property is divided equally. Retirement assets are usually divided according to these same rules.
Spouses may agree to a property division and submit their agreement to the court. If the court finds the division equitable, it will approve it. Alternatively, the spouses can request that the court divide their assets.
Alimony Laws
There are three types of permissible alimony awards in Georgia: temporary, rehabilitative or permanent. Temporary alimony is awarded to the spouse for the duration of the divorce. It is based upon need, which must be demonstrated to the court.
Rehabilitative alimony is intended to allow one of the spouses to attend school or receive work training so that they can reenter the workforce. This type of alimony lasts only as long as the classes or program is anticipated to take.
Permanent alimony is awarded to a spouse for the remainder of their lifetime or until they remarry or cohabitate with someone. This type of alimony is usually awarded when the spouse is unable to work due to age, disability or needing to care for a disabled child.
The amount of alimony may be agreed to by the parties, but should be based on need. The court may also determine the amount of an alimony award. In setting the amount, the court will consider the spouses' living conditions during the marriage, ages, mental and physical capacity at the time of the divorce and their future earning capacity.
Child Custody Rules
The state prefers that parents share custody of their children. Therefore, unless one spouse lives out of state or is abusive, the court will give each parent equal time with the child. The spouses may determine a visitation schedule or the court will establish one if they are unable to do so.
Georgia's Child Support Guidelines
In Georgia, both parents must contribute financially to their child's support. However, a spouse with a higher income, but who does not have custody of the child, may be required to pay child support if the other spouse shows a valid need.
Support amounts are determined by statute. If the child's standard of living or schooling costs warrant an increase to the statutorily prescribed amount, the court may legally increase the payment amount.
Obtaining a Divorce in Georgia
Georgia's divorce laws are not complex, but the lack of specific rules regarding property division can make the proceeding difficult. If you are considering filing for divorce in the state, seek legal advice. A lawyer will guide you through the process and ensure that both spouses are treated fairly.
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