Overview of Divorce in Georgia

The following is an overview of divorce in Georgia. Divorce in Georgia may be filed as a No-Fault or Fault divorce, with property divided according to the “equitable distribution” principle, and spouse and child support determined by percentage of income model.

Residency and Filing Requirements

At least one party must be a bona fide resident of Georgia for six months prior to filing for divorce in Georgia.

Grounds for Filing

The divorce may be petitioned as either a No-Fault or Fault divorce. In Georgia, grounds for a no-fault divorce are solely that the marriage is irretrievably broken. A Fault divorce may be granted if one partner is mentally incapacitated at the time of marriage, impotent at the time of marriage, has applied force, menace or duress to obtain the marriage, the wife is pregnant by someone other than the husband, adultery by either party, willful and continued desertion by either parties for at least a year, imprisonment, habitual intoxication, cruel treatment, and other factors.

If you need legal assistance with a divorce, please consult with a Divorce Lawyer in your area to discuss the details of your case.

Property Distribution

Georgia is an "equitable distribution" state. Marital property will be divided in an equitable, albeit not necessarily equal, manner. The court will encourage parties to settle property and debt issues between them. Otherwise, the court will decide on the division of property. The court does not make public what factors it considers in distributing the property, and distribution is decided by jury.

Restoration or Name Change

A party may plead for restorations of a prior or maiden name. If the divorce is granted, the judgment will specify and restore the name prayed for in the pleadings.

Spousal Support

Not all cases result in the award of support from one spouse to another, either temporarily or permanently. The obligation is decided on a case-by-case basis, either through agreement by both parties or at the court’s discretion. Alimony may be awarded unless that spouse is guilty of desertion or adultery. Other factors are considered by the court, such as length of the marriage, future financial resources of each, age and health of each, future earning potential of each, the net worth of each party's separate property; the standard of living sustained during the marriage, and time one party may need to gain employment.

Child Custody and Support

When children are involved in a divorce, the courts of the state of Georgia will do everything possible to help alleviate the emotional trauma the children may be subject to. If the parents cannot agree on issues involving the children, the court will establish the custody at its discretion.

Child support in Georgia uses the Percentage of Income formula, calculating support as a percentage of the income of the non-custodial parent.

The content of this article is provided for informational purposes only. If you need legal assistance with a divorce, please consult with a Divorce Lawyer in your area to discuss the details of your case.
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