Divorce in Georgia – What You Need to Know

There are three things that will be involved in your divorce just like in your marriage – the state, your spouse, and you. You can not simply break up and ride off into the sunset. You will have to give a reason for your breakup, divide property, and determine how your children will be cared for after the divorce.

Residency Requirements for a Georgia Divorce

To get a divorce in Georgia, at least one spouse will have to be a resident of the state for at least six months. You do not have to live in one location during your divorce. You can move around the state, but you have to stay in the state. The venue, or county in which your action takes place, will be the county in which either you or your spouse reside or where either of you work or have a place of business.

Grounds for Divorce

Georgia is what legal experts call a mixed state. This means that when filing a divorce, you can either file on no-fault or fault grounds as the reason for wanting a divorce. Basing your divorce on fault grounds could give you an advantage in child custody disputes or disputes about property division.

In the state of Georgia, there are 13 grounds for divorce. The grounds include:

  • Impotence
  • Adultery
  • Conviction or imprisonment for more than two years for offenses involving questionable morals
  • Alcoholism or drug addiction
  • Separation caused by mental illness
  • Confinement for insanity that is not curable
  • Willful desertion
  • Cruel and inhuman treatment that endangers the life of the spouse
  • Habitual drunkenness
  • Consent to marriage was by duress, force, or fraud
  • Spousal lacked mental capacity to consent
  • Husband was pregnant by another man at the time of the marriage and it was unknown to the husband
  • Incest

If any of the above grounds exist, a judge can completely dissolve the marriage. A party can claim more than one ground during divorce proceedings.

Property Division in Georgia

Georgia is an equitable property division state, which means that each spouse gets to keep the income he or she earned during the marriage as well as any property that is in his or her name alone. The judge will work to make a fair division of marital property, although it may not necessarily be exactly equal.

Child Custody and Child Support

Georgia courts, just like courts in other states, attempt to determine what is best for the child after the divorce. If possible, a judge will try to order a joint custody arrangement where the child will continue to have contact with both parents. The judge will determine he amount of the time share based on what is best for the child.

Along with determining where the child will spend time, the court will also require both parents to support the child financially. The amount of the child support will depend on the income of each parent as well as other resources and how much time the child spends with them.

Contact an Experienced Divorce Attorney

The laws surrounding a divorce in Georgia can be complex and confusing, especially when emotions are running high. An experienced divorce attorney like those at Lankford & Moore Law can make sure your rights are protected and create the best possible plan for finalizing your divorce as quickly and smoothly as possible. Contact them today for a consultation.

I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby — not even money, certainly not my soul.

Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

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