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Georgia Divorce

If you are going through a divorce or considering filing for divorce, talk with a Georgia divorce lawyer about Georgia divorce laws. With the help of a divorce attorney in Georgia, you can find out more information about new divorce laws being passed and how each law may affect your Georgia divorce process.

Find a Georgia divorce attorney in your area at Total Divorce. We are sponsored by divorce attorneys nationwide and can help you find one near you to set up a preliminary consultation to discuss your circumstances. Fill out a divorce case review form or call 877-349-1310 to get started today.

Overview of Georgie Divorce Law

Below is an overview to Georgia divorce laws. To learn about the specifics of these laws and get legal advice on how to handle your divorce, speak with a Georgia divorce attorney.

Grounds for Georgia Divorce: The Georgia divorce courts accept both fault and no fault grounds for divorce. The petition for Georgia divorce may be granted under no fault terms if the marriage has been determined to be irretrievably broken. Fault grounds for divorce include:

  • Mental incapacitation or incurable mental illness
  • Marriage between persons who, because of their relationship, cannot legally marry
  • Impotence at the time of marriage
  • Force, duress or fraud
  • Habitual drug addiction or drunkenness
  • Cruel treatment
  • Felony conviction and imprisonment for two years
  • Willful desertion for one year

Residency Requirement in Georgia Divorce: If you file for divorce in Georgia, you must be a bona fide resident of the state for six months before submitting the divorce petition.

Georgia Property Division: Georgia is an equitable distribution state, meaning the Georgia divorce court divides property and debts on what it deems as fair. Some factors the court may consider in determining the equitable division of property include:

  • Duration of the marriage
  • Age, health, occupation, and vocational skills of each party
  • Contributions by each spouse to the family unit
  • Amount and sources of income of each party
  • Debts and liabilities of each party

Divorce Waiting Periods in Georgia: There is a 30 day waiting period after filing for divorce on the grounds that a marriage is irretrievably broken. If minor children are involved, there is a 120-day waiting period from the date the legal separation began before the divorce may be granted. These waiting periods may be waived under certain circumstances, including when there is a court-approved settlement agreement between the parties. The state does not have a set remarriage waiting period after the final divorce decree is entered.

Child Custody in Georgia Divorce: The Georgia divorce court uses the standard of the best interest of the child in determining the child custody arrangement. Some of the best interest factors the Georgia divorce court may consider include:

  • Mental and physical health of all parties involved
  • Emotional bonding between the child and his or her parents and the child and his or her siblings
  • The home environment each parent can provide
  • Parents' ability to provide the child with food, clothing, medical care, and other necessities
  • Each parent's involvement in the child's life
  • Willingness of each parent to facilitate a relationship between the child and other parent

Georgia Child Support: Georgia holds both parent liable for support any minor children. Georgia divorce law official child support guidelines that may be followed if the parents cannot reach an agreement. In special circumstances, there are factors the divorce courts may consider, such as:

  • Age of the child
  • Child's medical costs or extraordinary needs
  • Educational and daycare costs
  • Joint physical custody arrangements
  • Obligations of the parents to other households
  • Income of the custodial parent
  • Contributions by each parent
  • Any hidden income of either parent
  • Extreme economic circumstances
  • Extraordinary needs of either parent
  • Past spending levels of the family
  • Cost of health insurance for the child
  • Extraordinary visitation travel costs

Georgia uses the percentage of income formula to determine the amount of child support as a percentage of the income of the parent ordered to pay child support. The percentage considers the number of children to determine the amount of child support.

Georgia divorce law can be very intricate with many exceptions to the rules. Speak with a local Georgia divorce attorney to get legal advice and guidance through the divorce process. Total Divorce can help you connect today - just fill out the form below or call us at 877-349-1310.

The above synopsis of Georgia divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local divorce lawyer in your area.

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