Georgia State Divorce Law

Georgia requires someone to be a resident of the state for 6 months prior to filing a Petition for Divorce in the Superior Court. In addition, someone who has been stationed on a military base in the state for 1 year may file such a petition. A non-resident may also file for divorce if the respondent has been a resident of the state a minimum of 6 months.

Georgia Grounds for Divorce

Georgia residents can file for divorce either on no-fault grounds or on fault-based grounds, depending on the unresolved issues in the divorce.

Uncontested Divorce in Georgia

There are two ways to pursue an uncontested divorce in Georgia:

• Default, when the respondent does not respond to the summons or divorce petition
• The parties involved are in complete agreement on every issue involved in the divorce settlement, including division of assets and liabilities, as well as child custody, visitation, and support

Contested Divorce in Georgia

Contested divorces are more complex, because there are issues that the couple cannot agree on. There are often counterclaims in opposition to those made in the original petition. The parties generally need to retain divorce attorneys to prove their client’s claims to the court, where a judge will make the final ruling.

Annulment in Georgia

Under Georgia annulment laws, the petitioner must prove that a true marriage never existed in order for the court to issue a decree affirming that fact. Annulments are rare in Georgia because the grounds for this procedure are difficult to prove:

• Incest
• Mental incapacitation, either permanent or temporary
• Underage marriage, for those 15 years old or younger without parental approval
• Fraud
• Duress
• Bigamy

No Fault Divorce in Georgia

While Georgia is not a no-fault divorce state, residents can file for a no-fault divorce. The ground for such a petition are simple: that the marriage is irretrievably broken.

Georgia Fault Divorce

The law does allow a Georgia resident to file for a fault-based divorced. There are a number of conditions under which this type of petition maybe filed:

• Consanguinity, or marrying a close relative
• Mental incapacitation
• Impotence
• Force, duress, and fraud
• The wife’s pregnancy at the time of the marriage by a man other than her husband, and which was unknown to her husband
• Desertion that is wilful and ongoing for a period of 1 year or more
• Felony conviction and imprisonment for 2 years or more
• Habitual drunkenness
• Cruelty
• Incurable mental illness
• Habitual drug addiction

Georgia Divorce and Child Custody

Child Custody Laws

Georgia courts take a number of elements into consideration when determining the custody of a child of divorce:

• The suitability of each parent
• The needs of the child
• The roles of each parent prior to the divorce
• The wishes of the child
• The residence of each parent
• Any agreements between the parents

For a child of 14 years old or older, the wishes of the child is the determining factor, unless the parent they select is unfit to serve as the custodial parent. Children between the age of 11 and 14 can express their wishes and the court will take them into consideration in their custody decision.

Child Alimony

Georgia considers that it is in the best interests of the child and the state for both parents to be liable for the support of their minor children, regardless of the gender of the parent or any fault in divorce. Georgia follows the Percent of Income Model, which is the most basic method of calculating support using Child Support Worksheets. The factors Georgia considers in child support decisions include:

• The age of the child
• Any excessive medical needs
• Educational expenses
• Daycare expenses
• Any prior custody agreements
• Parental child support obligations to another household
• Any hidden income of either parent
• The custodial parent’s income
• Parental contributions
• Extreme economic circumstances
• The parents’ extraordinary needs
• The parents’ spending history
• The child’s health and accident insurance costs
• Visitation travel costs that are out of the ordinary

Georgia Divorce Spousal Support

When spouses are unable to come to an agreement about spousal support, or alimony, it is up to the court to order that support according to a number of factors:

• Neither party can receive alimony if they are guilty of desertion or adultery
• The duration of the marriage
• The needs of the dependent party
• The ability of the supporting party to pay

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Georgia

Spouses in the military are protected by Georgia law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A Georgia Divorce Lawyer?

Because the parties in a divorce can file both for a no-fault divorce and for a fault-based divorce, there are many couples that need the advice of a divorce attorney to ensure that their rights are being protected throughout the process. In addition, most experienced divorce lawyers are skilled negotiators who can help those going through this stressful and emotional period have solid advice to help them make wise decisions about their family, their finances, and their future.