While the dynamics of every marriage are different, the legal process for getting divorced in Georgia remains the same. Below is a general summary of the terms and processes involved in a GA divorce.
GA Petition For Divorce
The GA divorce process begins with the filing of a petition with the court. Your divorce lawyer will generally file the petition for divorce in the county where you reside, at which time the Sheriff or a Server of Process will deliver the petition to your spouse. Once the petition for divorce has been delivered, your spouse will have 30 days to file a response with the court.
Georgia Divorce Residency Requirements
In order to file for divorce in Georgia, a couple must generally live in the state for a minimum of six months.
Legal Grounds For a Divorce
Georgia is a no-fault state. Thus, there need be no “grounds” necessary to obtain a divorce, such as adultery or abuse. In order to petition the court for a divorce in Georgia, one must simply state that they believe the marriage suffers from “irreconcilable differences.” Because no other grounds are necessary, if one spouse wants a divorce, they generally do not need the approval of the other spouse.
Of course, one can still file a fault divorce, and for various strategic reasons divorce lawyers sometimes do petition the court for a “fault” divorce. Some of the common fault divorce categories are:
• Cruelty
• Adultery
• Felony
The Division of Property
Generally speaking, courts generally prefer that the parties to a divorce work out an agreement on property division amongst themselves. As one Fulton County Family Law Court Judge is rumored to have put it, “I don’t do furniture.” Unfortunately, it is often the case that parties to a divorce are not able to work out the separation of assets among themselves, in which case a court will need to determine what is separate property and what is marital property, and then divide the marital property in a manner it deems “equitable.”
The Distribution of Debt in a Georgia Divorce
Disputes over the distribution of debt are becoming more and more common in Georgia divorces. Generally speaking, just as assets and property are divided among spouses, so are debts. Unfortunately, it is often the case that one spouse can ruin the credit of the other. For instance, if both spouses co-signed a mortgage loan but only one of the spouses were responsible for paying that loan, if that spouse fails to make their payments the credit of the other spouse would be tarnished. For this reason, our divorce lawyers often tell our clients to close any joint accounts they have with their spouse.
Georgia Spousal Support
GA alimony, also known as spousal support, can be permanent, temporary, or restorative, and can be paid via one lump sum or in periodic payments. There are a number of factors that play into the type and amount of alimony payments required in a divorce, including but not limited to:
• Length of the marriage
• Income and assets of both spouses
• Contributions to the home and rearing of children
• Contributions by one spouse to the career or education of the other
Georgia Child Custody and Visitation
In Georgia, a “parenting plan” is now required for all divorces involving children. Among the issues that must be addresses in each parenting plan are:
• where the children will live
• where the children will spend holidays
• which parent will make decisions about the children
Georgia Child Support
In Georgia, child support is considered to be the responsibility of both parents. The state legislature recently enacted Georgia Child Support Guidelines, which take into account a wide variety of factors in determining how much each parent will be required to pay. The Child Support Guideline worksheet can be fairly complicated, and we recommend you consult with an attorney rather than trying to work through the worksheet on your own.
Georgia Mediation/Collaborative Law
Mediation is the process by which both spouses try to resolve conflicts through the help of a third party (a mediator) rather than through the courts. Generally speaking, each spouse is represented by their own divorce lawyer during the proceedings.
Final Divorce Decree
In Georgia, the final divorce decree is an order by the court that legally dissolves the marriage and contains decisions on all aspects of the divorce, including the separation of assets, alimony, and if children are involved, child custody and child support. Upon issuance of the final divorce decree, your Last Will & Testament in Georgia will be declared null and void. One may also choose to restore their premarital name after the final divorce decree is issued.
Getting Started
The above information is meant as a brief summary of certain aspects of Georgia family law. If you are considering filing for a divorce, or have already been served, we recommend that you speak with one of our Atlanta divorce attorneys sooner rather than later. We are proud to say that our attorneys are among the most knowledgeable and experienced in the state. Click here to see our Credentials and Client Reviews. Please note that for a typical family law proceeding, our law firm retainer begins at $2,500.00. To set up a consultation with one of our attorneys, please give us a call at (404) 239-3932, or visit our Divorce Attorney Homepage to fill out our contact information form. Thank you and we look forward to working with you.
