A study proved that Georgia ranks in the top five states for failed marriages and breakups! No one goes into a marriage thinking this will happen to them, but life has a way of challenging us.
If you are going through a divorce in Georgia, then understanding how it works can help alleviate some of the stress. Georgia has specific laws and procedures that guide the divorce process, from the initial filing to the final decree.
This article provides a comprehensive overview of how divorce in Georgia works and what the Georgia divorce process is like.
Grounds for Divorce in Georgia
Georgia recognizes both “no-fault” and “fault” grounds for divorce. Understanding the difference between these grounds is essential as it can impact the divorce process and outcomes.
No-Fault Divorce
In a no-fault divorce, neither spouse has to prove the other is at fault for the breakdown of the marriage. The most common ground for a no-fault divorce in Georgia is that the marriage is “irretrievably broken,” meaning there is no hope for reconciliation. This is often referred to as a divorce based on “irreconcilable differences.”
Fault-Based Divorce
Georgia also allows for fault-based divorces, where one spouse alleges the other is responsible for the breakdown of the marriage. Some of the fault-based grounds include:
- Adultery
- Desertion
- Cruelty
- Habitual intoxication
- Mental incapacity at the time of marriage
Proving fault can affect the division of assets, alimony, and child custody arrangements.
Residency Requirements
Before filing for divorce in Georgia, one or both spouses must meet certain residency requirements. At least one spouse must have been a resident of Georgia for a minimum of six months before filing the divorce petition.
If neither spouse meets this requirement, the court will not have jurisdiction to hear the case.
In cases where the couple has recently moved to Georgia, the spouse who wishes to file for divorce must wait until they have lived in the state for six months. Alternatively, the other spouse may be able to file in their previous state of residence if that state’s laws allow.
Legal Steps in Divorce: The Process
The process of filing for divorce in Georgia begins with the preparation and submission of a divorce petition, also known as a Complaint for Divorce. This legal document outlines the grounds for divorce, the residency of the parties, and any initial requests regarding issues such as child custody, support, and property division.
Filing the Complaint
The spouse initiating the divorce (the “petitioner” or “plaintiff”) files the complaint in the Superior Court of the county where either spouse resides. Along with the complaint, the petitioner must also file a verification form, which confirms the truthfulness of the information in the complaint.
Service of Process
After filing the complaint, the petitioner must “serve” the other spouse (the “respondent” or “defendant”) with a copy of the complaint and a summons. Service of process can be completed by the county sheriff, a private process server, or, in some cases, through certified mail. The respondent has 30 days to file an answer to the complaint.
Temporary Orders
During the divorce process, either spouse may request temporary orders from the court to address immediate concerns such as child custody, spousal support, and living arrangements. Temporary orders remain in effect until the final divorce decree is issued.
Discovery
The discovery phase allows both spouses to gather and exchange information relevant to the divorce. This may include financial records, property appraisals, and evidence related to the grounds for divorce. Discovery can involve written questions (interrogatories), document requests, depositions, and subpoenas.
Negotiation and Mediation
Many divorces in Georgia are settled through negotiation or mediation rather than going to trial. Mediation is a process where a neutral third party (the mediator) helps the spouses reach an agreement on contested issues. If both parties can agree on all aspects of the divorce, they can submit a settlement agreement to the court for approval.
Trial
If the spouses cannot reach an agreement, the case may proceed to trial. During the trial, both parties present evidence and testimony to support their positions. The judge will then make decisions on issues such as property division, child custody, and alimony, and issue a final divorce decree.
Division of Property
Georgia follows the principle of “equitable distribution” when dividing marital property. This means the court will divide assets and debts in a manner that is fair, but not necessarily equal.
Marital property includes all assets and debts acquired during the marriage. There are a few exceptions such as gifts or inheritances received by one spouse.
Alimony (Spousal Support)
Alimony, also known as spousal support, is a payment made by one spouse to the other after a divorce to help maintain the standard of living established during the marriage. In Georgia, alimony is not automatically granted in every divorce; it depends on the circumstances of the case.
Child Custody and Support
Child custody is often the most emotionally charged issue in a divorce. In Georgia, the court’s primary concern is the best interest of the child. Custody can be awarded to one parent (sole custody) or shared between both parents (joint custody).
Finalizing the Divorce
Once all issues are resolved, either through a settlement agreement or a court decision, the judge will issue a Final Judgment and Decree of Divorce.
This document legally dissolves the marriage and outlines the terms of the divorce, including property division, alimony, child custody, and support. After the final decree is issued, both parties must comply with its terms.
Get an Augusta Family Lawyer for Help With the Divorce Process
There’s no need for you to navigate a tough divorce in Georgia on your own. With Blake & Associates Law Firm on your side, you can guarantee you’ll get the representation you need in your divorce proceedings. We’ll be with you every step of the way to make sure every decision made is right for you and your family.
Set up a consultation to learn more about how we can help before you go to a Georgia family court.
