Divorce in Georgia, like every other US state, is a legal process that has to follow a strict procedure. As with other states, Georgia recognizes the benefits of marriage to society, and as such, dissolution of a marriage requires a proceeding in the superior court of whatever county the married couple seeking divorce resides. This procedure can be complicated, and to those not familiar with legal settings, fairly intimidating too, but as with other legal processes, once you understand the procedure, divorce proceedings do not have to be daunting.

Grounds for Divorce

To apply for a divorce in Georgia, one or both of the parties have to have lived in the state for at least six months otherwise they must apply to the state of their previous residence. Georgia currently has 13 grounds for divorce. Divorce grounds are simply reasons why one person has initiated the divorce. These grounds vary from adultery, where one party has been unfaithful, to desertion, in which one spouse has not been residing with the other spouse for more than a year,

Most marriages in Georgia are filed as no-fault divorces. This is when one party believes the marriage is irrevocably broken and there is no hope of reconciliation, but does not blame the other party. Whatever the grounds for divorce, Georgia State Law requires the parties to have separated in a legal sense; this may or may not mean living in separate houses; as it is still possible to file for divorce whilst living together, but the parties must be sleeping in separate rooms and not having sexual relations.

Filing for Divorce

In legal terms, the person seeking the divorce is known as the plaintiff. It is the plaintiff’s responsibility to apply for the divorce by filing a complaint with the county’s superior court. The complaint is a legal document containing information on the status of the marriage, including assets, debts, children within the marriage, whatever grounds are being sought for the divorce, and any claims for alimony and child support.

An official from the court will serve this complaint on the defendant (the other spouse). The defendant has the right to contest the divorce if he or she believes the grounds given are untrue. The defendant may also contest the amount of assets, debts or requested alimony or child support claimed by the plaintiff. Regardless of whether somebody is a plaintiff or defendant, both parties should use the services of an attorney in any divorce proceedings.

Court Proceedings

It is not always necessary to attend court for a divorce. Where both parties can agree on settling their finances, custody of the children and resolution of the marriage, they can draw up an agreement that can be presented to the court for approval. This is known as an uncontested divorce, which can mean the divorce is granted 31 days after the serving of the complaint.

If however, the parties can’t agree, court proceedings are required and a judge has to make a final decision on these issues. It can take many months to get a court date and both parties are usually required to attend. Each spouse is allowed to provide his or her evidence, call witnesses, or present any evidence he or she feels relevant to the case. After hearing both sides, the judge issues a final judgement and decree, which outlines the details of the divorce.

Child Care and Support

A judge, regardless of what both parties have agreed, always decides issues of childcare. Under Georgia State Law, neither parent is automatically awarded custody, as a judge makes the decision after taking into account what is in the child’s best interests. If, however, a child is older than 14 years of age, he or she can choose with whom they wish to live, with the court’s approval. For the spouse not awarded custody, a judge will award parenting time to ensure both parents maintain a relationship with the child. In some cases, a judge may award joint custody, where both parents have equal rights and responsibilities for the child. In these cases, one parent is still usually granted the permanent residence of the child to ensure a stable home life.

Since 2008, Georgia State Law requires both parents in a divorce case to compile a parenting plan outlining how they intend to care for the child after the divorce. It is also law that both parents take financial responsibility of the child. This is done by considering both parties’ gross income and dividing the financial responsibly between the two, taking into account how much each party earns to calculate their percentage share of responsibility.

Alimony and Assets

One of the most difficult and often hard fought aspects of any divorce trial is in establishing how assets are divided and whether alimony is paid from one party to the other. Alimony is normally awarded if one party has made financial sacrifices in a marriage, such as one parent having given up work to bring up the couple’s children.

When it comes to dividing assets, the court has to decide what is marital property (property acquired during the marriage), and how to divide it between the two parties. There is no set formula for the division of marital property as judgements are made on an individual, but equitable basis.

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Katrina is a freelance writer from England, who during her time in NYC wrote extensively about the differences between divorce procedures in England and the various States in the USA. As a mother of two she not only works hard but handles all the family finances from credit card balance transfer offers to planning their next holiday.