Learn How Georgia Divorce Laws Affect Your Case

To have your marriage dissolved, what you first need is a lawyer. Even if you and your spouse are both agreed that your best way out of unhappiness is to file for divorce, you will still need some legal help. This is because the actual process of divorce involves knowledge of legal procedures that are applicable in each U.S. state, county and city in which you live in.

With or without a lawyer, however, you still need to find out which court and jurisdiction the divorce petition should be filed with – the circuit court, superior court or the family court in your county or district. You may just call your local county clerk’s office and ask.

Whether the lawyer should represent you both or only you will depend on how friendly your relations are with your spouse. If there are no conflicts of interest, you may need a lawyer simply to draft a competent, non-adversarial petition that you both can agree on.

You will then be petitioning for a ‘no-fault’ divorce. As the term suggests, it means that neither of you formally holds the other spouse responsible for the irreparable breakdown of your marital relations, but both recognize that you have irreconcilable differences. This often works quicker and there are a lot fewer hassles too.

‘At-Fault’ Divorce in Georgia

If you decide to file by holding your spouse responsible for the failure of the marriage, chances are your claim will be contested. It needs to be mentioned here this is not the case always – there are instances where a spouse, guilty or otherwise, will not bother to contest the charge.

If you file for the ‘at-fault’ divorce, and your spouse responds by either refuting your charges or making counter-charges, you will have a battle on your hands. If your divorce petition is likely to be disputed, it is a good idea at this time to file papers for temporary custody and support of children if you have any together. You would not want your divorce to be the cause of neglect of their welfare.

Unless you and your spouse have already come to a mutually reliable understanding that you will both leave the children undisturbed in their current situation, it is a sad fact of life that divorces often include child custody battles. So be prepared to take the necessary precautions.

Have the petition and summons served to your spouse in as civilized and decent a manner as you can. Afterward, make sure that you keep proof of that service - a receipt showing that a copy of the divorce petition and related papers were indeed served.

Residency and Other Requirements in Georgia

In regard to residency requirements, the state is unequivocal. As per Georgia divorce laws, the court does not grant you a divorce if you have not been a resident of the state for a minimum of 6 months prior to the case being filed. It is futile for a non-resident to file a case, because it will have to be dismissed by the divorce court.

The state requires you to file a document called a 'Complaint' with the appropriate Superior Court. It must provide all details on the marriage including the current living arrangements, children’s personal data, assets and debts, and the specific reason for seeking the divorce. A copy of the document will be passed on to your spouse as well.

Georgia divorce laws stipulate no specific factors on the basis of which marital property is distributed. As Georgia is an equitable state, the property is divided equitably - i.e. fairly, not equally.

Georgia, like other states, facilitates the change or restoration of names in all divorce actions. The wife is permitted to resume her premarital name once the divorce has been obtained.

Mediation counseling is routine in Georgia courts as a final chance for the spouses to resolve their differences, failing which, the court will have no other option but to intervene and make a determination.

Alimony, Child Custody and Divorce

Under the laws of the state, alimony is not applied in a punitive way against one spouse. Its principal aim is to provide a sufficient income to the spouse who has been economically dependent on the other. There is no gender discrimination under the law – either spouse can be awarded alimony. The standard of living of each spouse before the marriage, and of the couple during the marriage, is considered before awarding alimony.

The custody of a child is awarded to the parent who has the healthier relationship with the child and is therefore deemed the more deserving to maintain the child and look after his/her interests. This may be determined before the final divorce order is issued.

A portion of the income of the parent is awarded for child custody as support, and this decision is made based on the Guidelines for Child Support in the state. If the child is still a minor, then it is necessary to support him or her until they are 18 years old, or when the child has completed graduation from high school.