Divorce Law Filing Requirements in Georgia
Georgia Divorce Law
What does it take to get divorced?
Just as there are certain criteria for getting married, the state of Georgia also has certain requirements for getting divorced within their boundaries. Like other states, Georgia’s divorce laws allow for “no-fault” grounds, although other grounds (cruelty, adultery, etc.) may be invoked. In other words, neither party must prove the other one was at fault for the marriage’s failure. In Georgia, at least one party must have been a Georgia resident for at least six months prior to filing for divorce.
Requirements for All Divorces in Georgia: A Closer Look
In order to get a divorce in Georgia, Georgia Law requires one of the spouses to be a resident of the state. The spouse that is a resident must also be the spouse that files for divorce. It is not an advantage to be the spouse that files for divorce, and normally, spouses will have agreed to the divorce and its terms before the divorce papers are filed. In Georgia, the residency requirement before filing for divorce is six months.
Georgia courts do not want to begin the divorce or finalize a divorce, for a couple that may reconcile. Arguments and frustrations are part of every relationship, and the courts want to give the couple an opportunity to cool down before they divorce. Georgia courts will not grant a divorce in less than 30 days after the divorce papers were served to the non-filing spouse, even if both spouses agree to the divorce sooner. At S. Dixon Law we offer mediation and conflict resolution services for the reason described above.
Requirements for No-Fault Divorce
A no-fault divorce is the most common form of divorce in Georgia. This is because, even when one spouse is at fault (there is a legal justification for the divorce), the divorce process is a lot faster if the divorcing spouse files for a no-fault divorce. In order to get a fault-based divorce, the divorcing spouse must prove the facts that justify the divorce.
On the other hand, in a no-fault divorce, the divorcing spouse only needs to show the court that there has been an “breakdown” in the marriage. This means that there is a substantial incompatibility between the spouses that will never be resolved.
Georgia Divorce Law – Grounds for Divorce
The 13 Grounds For Divorce In Georgia
- Intermarriage by persons within the prohibited degrees of consanguinity.
- Mental incapacity at the time of the marriage.
- Impotency at the time of 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 by the husband.
- Adultery in either of the parties after the marriage.
- Willful and continued desertion by either of the parties for a term of one year.
- The conviction of either party for an offense involving moral turpitude and under which he or she is sentenced to imprisonment in a penal institution for a term of two years of longer.
- Habitual intoxication.
- Cruel treatment.
- Incurable mental illness.
- Habitual drug addiction.
- The marriage is irretrievably broken.
Get Help From Our Georgia Family Law Team
If you would like to know more about Divorce law in the state of Georgia, its requirements, and whether you have met them, we specialize in Family & Divorce Law in Atlanta Georgia. In addition to letting you know how to begin the process for your Divorce, we may help you with planning for all Family Law issues like child custody and property division.
If you are located in Atlanta Georgia, we invite you to our Atlanta based Family Law Firm. You can contact us directly at 770-728-6391 for your initial consultation. Consultations are charged by the hour.
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