Divorce in Georgia: Basic Laws

Georgia is a mixed state when it comes to grounds for filing for divorce. One of the parties to the divorce must be a resident of the state for six months. A divorce can be granted on fault and no-fault grounds. The no fault ground for divorce is

The marriage is irretrievably broken
30 days after service on the respondent a divorce can be granted if filed using this ground.

Fault grounds for divorce in Georgia are:

intermarriage by persons within the prohibited degrees of consanguinity or affinity;
mental incapacity at the time of the marriage;
impotency at the time of the marriage;
Force, menace, duress, or fraud in obtaining the marriage
pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband;
adultery in either of the parties after marriage;
willful and continued desertion by either of the parties for the term of one year;
the conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer;
habitual intoxication;
cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health; and
Habitual drug addiction, which shall consist of addiction to any controlled substance listed by statute.

Incurable mental illness is also listed as a ground for divorce in Georgia it requires certification by the court and is somewhat complicated.

Custody, Child Support and Property Division

Georgia follows the best interest of the child test when determining child custody. The child has the right to maintain a significant relationship with both parents. Custody if often awarded to the primary caregiver in cases with young children, but either spouse has the opportunity for custody in cases of older children.

Both parents are required to provide financial support to the children. The court attempts to maintain the standard of living the child enjoyed during the marriage. The amount of support is determined by a formula that calculates the earning potential of each spouse and the amount of time each spouse spends with the child.

Property is divided on the basis on what is equitable. This does not mean equal. The Court considers all the circumstances and divides property by deciding what is fair.