If you are approaching divorce in Georgia, you may have heard that the state follows a no-fault system. In other words, you do not have to provide the court with a specific reason for ending your marriage – and you can simply state that your marriage is “irretrievably broken.” This is much simpler than proving that your ex committed some form of misconduct, such as adultery or abandonment. But do you still need to “prove” that your marriage is irretrievably broken? How exactly do you accomplish this?
The Main Requirement for No-Fault Divorce is Separation
Like many other no-fault states, Georgia defines an irretrievably broken marriage as one in which both spouses refuse to cohabit. However, there is no real requirement to prove that you are no longer living with your ex before filing for divorce. That being said, it may be the right choice to move out before proceeding with your no-fault divorce. Some lawyers recommend that you live apart from your ex for at least 30 days before taking the next step.
In Georgia, you must go through a 30-day waiting period before scheduling a final divorce hearing anyway. This is a good opportunity to live apart from your ex and start planning for issues like child custody, alimony, child support, and property division. Note that if you start cohabiting or resuming marital relations with your ex during this 30-day period, it could cause issues with your divorce. Theoretically, your ex could use this against you and argue that your marriage is not irretrievably broken.
Proving That You are a Resident of Georgia
Although no-fault divorce is easy, you still need to prove certain things before moving ahead. No-fault divorce is only available for Georgia residents, which means you may need to show the court that you have lived in the state for at least six months prior to your divorce. Note that this requirement only applies to one spouse – and not necessarily both.
For example, your ex might have relocated to Georgia after a breakup. If you want to file for divorce in Georgia rather than your home state, you can do so as long as your ex has lived there for at least six months. This could be beneficial if your home state has more restrictions and complex divorce laws. For example, North Carolina enforces a mandatory one-year separation period before spouses can move forward with divorce.
Proving residency is relatively easy, and you might only need to provide a sworn statement that you have lived in Georgia for six months. Other valid evidence of residency might include valid driver’s licenses, library cards, bank accounts, or records of employment.
Contact Lankford & Moore Law Today
Filing for a no-fault divorce should be relatively straightforward, but you might face various challenges along the way. To make this process as simple as possible, consider working alongside a qualified, experienced divorce lawyer in Gwinnett County. Choose Lankford & Moore Law to discuss the requirements of no-fault divorce in more detail. Once you have successfully filed for divorce, we can help you with the subsequent steps – including alimony, property division, child support, and child custody. Reach out today to begin the process.
