Divorce is called “dissolution of marriage” in Georgia. You must be legally married to file for marital dissolution, the marriage must be irretrievably broken with no hope for reconciliation, and Georgia must have subject matter jurisdiction over your marriage.
What are the grounds for divorce in Georgia?
Georgia recognizes 12 grounds for fault in a dissolution of marriage, which includes: marriage of a family member, 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 unknown by the husband at the time of the marriage, adultery, willful desertion by spouse for one year, conviction of an offense involving moral turpitute with a sentence to confinement for at least 2 years, habitual intoxication, cruel treatment, incurable mental illness, and habitual drug addiction. Georgia is a “no-fault divorce” state, meaning there is no need to assign blame or prove that the other spouse is at fault for the failure of the marriage. According to Georgia divorce law, a divorce will be granted if one or both spouses believe that due to irreconcilable differences, the marriage is irretrievably broken, meaning the differences between the parties cannot be resolved.
Who can file for a divorce in Georgia?
You can file for a divorce in Georgia if you or your spouse currently resides in Georgia, and has been a legal resident for six months prior to the time a petition for dissolution of marriage is filed. If you or your spouse is a Servicemember who is not a Georgia resident, but has been stationed in Georgia for one year, then you may file for divorce in Georgia.
Where do I file?
You may file in the county where either you or your spouse lives.
How long is the divorce process?
The waiting period for a divorce in Georgia is thirty days. This is the minimum period required before the Georgia court can issue the final divorce decree.
However, it may take longer, especially when your spouse has objections to any aspect of your petition, such as property disputes, domestic violence, child abuse, alcoholism or drug addiction that may pose a threat to your children, retirement benefits, etc. If the parties cannot resolve their differences, then the divorce could take between 7 months to 1 year or even longer, depending on the issues.
During the waiting period, temporary orders may be issued to establish parenting plan for dependent children, provide protection or financial support, or control conduct of the spouses.
What is an uncontested divorce?
If you and your spouse agree on four basic issues namely, 1) alimony, 2) division of property and debts, and if there are children, 3) child custody, and 4) child support and you put it in writing, then you qualify for an uncontested divorce. That means that you have settled the issues on your own and you do not need the court to decide these issues for you. Filing an uncontested divorce is much faster, simpler and less expensive.
What is divorce mediation?
Mediation in divorce requires a mediator or a trained neutral party, usually a retired judge or a lawyer who has been trained as a mediator, to help spouses reach an agreement without lawyer participation. It works best when both parties are generally at peace with the decision of getting a divorce. It can save a couple a great deal of money, time and energy. The typical mediation fee is $200.00 per hour in Muscogee County, and the parties divide the costs equally.
What can I expect from a divorce in Georgia?
- The Court may determine settlement of assets acquired during marriage in the fairest and most economic way possible.
- The Court may determine the support obligations of each spouse.
- The Court may establish child custody and visitation schedules.
- The Court may divide military or civilian retirement.
- The Court may require one party maintain life insurance for the benefit of the other party to guarantee child support or alimony payments.
- Upon the Wife's request, the Court may order the restoration of the Wife's maiden name.
