Georgia Divorce Law – Laws, Attorneys & Family Lawyers in GA

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Georgia divorce law states that you must have been a resident in Georgia state for at least 6 months before filing for a divorce. There is no official waiting period for divorce in Georgia, however 30 days must pass after filing divorce papers in GA before a divorce can be granted, so effectively the “waiting period” is 30 days and an uncontested divorce could be processed on day 31.

The divorce rate in GA is 3.9% per 1,000 of the population, making it one of the lowest in the country. Georgia family courts grants divorce on the basis of both no-fault and fault divorce grounds. Any of these grounds must be proved valid in court in order to file for a divorce. However most of divorces are granted on the no-fault divorce grounds basis. In such cases, you need not prove a fault to obtain a divorce.

Divorce is preferred over annulment in Georgia. It is because in annulment there is dissolution of an invalid marriage, and therefore the spouses are not entitled to supposal and child support.

Legal Separation in Georgia

Unlike many other states, there is no statute for legal separation in Georgia, however there is a close equivalent called “separate maintenance“. The papers required are also very similar to that of legal separation. There are no minimum residency requirements for separate maintenance in Georgia. You can find papers for WITH children here and for WITHOUT children here.

Divorce Grounds in Georgia

There are two types of divorce grounds in Georgia.Which are:

No-Fault Divorce Grounds in Georgia

Following are the no-fault divorce grounds in Georgia:

Irretrievable Breakdown of Marriage

Irretrievable breakdown of the marriage stands for a marital relationship’s breakdown beyond any prospect of reconciliation. You and your spouse can file for divorce if so is the case under this divorce ground in Georgia.

Fault Divorce Grounds in Georgia

Fault divorce grounds in Georgia are:

Mental Incapacity

You can seek divorce from a mentally disabled spouse. Mental incapacitation is a legitimate fault divorce ground in Georgia.

Impotency

Impotency is also a sound divorce ground in Georgia.

Duress or Fraud

Forcing someone into a marriage or misrepresentation of facts for getting married, validates a spouse’s claim for divorce in the state of Georgia.

Pregnancy Before Marriage

A husband can file for divorce if his wife is pregnant with another man’s child. It is a fault ground in the Georgia.

Adultery

You can sek divorce if your spouse has been cheating on you. Adultery is a valid divorce ground in Georgia.

Willful & Continued Desertion

A spouse’s willful desertion with no contact whatsoever can be used as a divorce ground in Georiga.

Imprisonment

If your spouse is in prison and you do not want to live with him or her, you can divorce your spouse.

Habitual Intoxication

Habitual intoxication ( addiction to a poison or any other toxic substance which produces a physiological state) is a common divorce ground in Georgia. If your spouse is into this habit, you can claim divorce.

Cruel Treatment

Domestic violence is another valid fault divorce ground in Georgia.

Incurable Mental Illness

A mental illness for more than 18 months in a spouse corroborates other spouse’s claim for divorce.

Habitual Drug Addiction

You can use this divorce ground to bail out if your spouse is a drug addict.

Intermarriage by Prohibited Blood group

Intermarriage of the persons of prohibited blood groups is strictly prohibited in Georgia. If you are married with a person of the same bloodgroup, you have a right to claim divorce.

Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Georgia.

Georgia Divorce Laws

Georgia has following divorce laws:

Residency:

According to Georgia divorce laws, the court does not grant a divorce to any person who has not been living in Georgia for six months before the case is filed. In case the person is a non-resident of the state, the case is dismissed by the divorce court.

Documents Required to File Divorce

Georgia divorce laws require the plaintiff to file a document called a “complaint” with the appropriate Superior Court. This includes information on the marriage like present living arrangements, children of the marriage, assets and debts, and the specific reason claimed for seeking a divorce. A copy of the complaint will be processed on to the other spouse.

Distribution of Property

A Georgia divorce law has not any specific factors on the basis of which marital property is distributed. As Georgia is an equitable state, the property is divided equally i.e. fairly.

Change of Name or Restoration of Name

In all divorce actions, the wife is permissible to restore her previous name.

Mediation Counseling

In Georgia, the court asks for mediation as a final chance provided to either spouse to either reconcile or wait for the court to utterly announce its own decision.

Alimony

The purpose of alimony is not the punishment of a spouse but to provide a sufficient income for the spouse who has become economically dependent on the other. According to Georgia divorce laws either spouse can be awarded alimony. Factors as the standard of living of the couple before the marriage and the length of the marriage are considered before awarding alimony.

Child Custody

According to Georgia divorce laws, child custody is awarded to the parent who has a healthier relationship with the kid. A child has to be given into the proper custody of the parent who really deserves it before the actual divorce is given or obtained.

Child Support

A percentage of the parent’s income who is not awarded the child custody is awarded to assist the support of the children as determined by the “child support guidelines” of the state. The child is to be supported until the age of 18 or when the child is a high school graduates.

Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.

Georgia Annulment Laws

Annulment is the declaration that the marriage never existed. In Georgia, annulment is very rare because it is hard to prove the grounds set by Georgia annulment laws. An annulment in Georgia takes about 30 days after filing the petition in the court. To get Georgia annulment, you must base your claim on one of the following grounds for annulment:

Incest

Incest is sexual intercourse with a close relation. Georgia annulment is lawful if the marriage takes place between blood relatives like, parent/child, stepchild, grandparent/grandchild, aunt/nephew and uncle/niece.

Mental Incapacitation

Mental incapacitation, paramagnet or temporary, is a legal ground for annulment according to Georgia annulment laws. Georgian laws prohibit a mentally disabled person from entering into a marital contract.

Underage Marriage

Marriage under the marriageable age set by the laws of the state, that is 16 years without the approval of parents, guardians or court, is considered illegal. Such a marriage can be annulled under the Georgia annulment laws.

Fraudulent Act

If a person commits any fake contract or misrepresents him or herself to get into a marriage, his partner can claim annulment.

Duress

Under Georgia annulment laws, if you have been forced into a marriage, you can bail out by filing for annulment.

Bigamy

Georgia annulment laws state that only a single person can get married. You can claim annulment if your spouse was already married at the time of marriage.

Georgia Divorce Laws Frequently Asked Questions

  1. 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 are a resident of the State for either six months or 180 days (whichever is longer).

  2. What if my spouse doesn’t live in Georgia?

    You can still file for divorce.

  3. How soon can I be rid of my marriage?

    This depends on your divorce case and how soon can you and your spouse reach a divorce settlement.

  4. What is the filing fee for filing Georgia divorce papers?

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

  5. How do divorce attorneys in Georgia charge?

    Mostly, Georgia divorce lawyers charge their clients per hour, though there are cases where Georgia divorce lawyers have charged a flat fee.

  6. How much will the divorce cost me?

    It is hard to give you an exact figure since each divorce is unique in nature but, at average a divorce costs $18,000 in our country.

  7. Would it possible for me to represent myself in court?

    Legally speaking, yes, you can represent yourself in court. Practically speaking, no, it is not at all recommended that you represent yourself in court.

  8. My spouse and I are planning to hire the same GA divorce lawyer to represent us in court?

    No, that isn’t possible. The Georgia divorce law requires that both spouses are separately represented in court.

  9. 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 the 1st 199

  10. 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 however; most of the divorces filed are no fault divorces.

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