Georgia Divorce Laws
Before you even start your search for an attorney, it’s essential to have a basic idea of the divorce laws in Atlanta. This will enable you to ask the right questions and get the right information from the attorneys you interview. During your divorce process, you’ll need to make vital decisions on everything from division of property, to child custody, finances and more.
In Georgia, there are 13 different grounds for divorce. Twelve of these are “fault” groundsThese include:
At the Time of Marriage
- The couple was already closely related at the time of marriage.
- One spouse is mentally incapacitated.
- One spouse is impotent.
- You were forced, coerced or defrauded into getting married.
- A wife was pregnant by another and did not reveal this to the husband.
After the Marriage
- Willful desertion for at least one year.
- One spouse was sentenced to two or more years of prison for a serious crime.
- Habitual drunkenness or intoxication.
- Spousal abuse or cruelty.
- A spouse has a permanent mental illness that cannot be cured.
- A spouse has a drug addiction.
The 13th reason for divorce in Georgia is no-fault. This means that the marriage, for one reason or another, has become “irretrievably broken,” one or both spouses no longer want to live together, and there’s no hope for fixing the marriage. No-fault divorces are the most common form of divorce in the state.
At least one spouse must also be a resident of Georgia in order to secure a divorce. This spouse must be the one who files for the divorce. The residency requirement is at least six months before you may file.. While there is no waiting period in Georgia from the time of seperateion before you can file for divorce, there has to be at least 31 days from the time the divorce action is served on the other party, to when the Judge can actually finalize the divorce.