Learn How to File for a Georgia Divorce and Prepare for Court

In Georgia, the processes by which a marriage agreement can be brought to an end are clear-cut and specific. If your marriage is breaking down, you can either opt for a divorce settlement, or an annulment of marriage. Alternatively, you can also obtain a separate decree of maintenance from the courts as well.

By default, the authorities at Georgia look at marriages to be institutions that are best preserved. If however there appear to be no other viable options, the divorce proceedings are set into motion. Residency requirements in Georgia state that divorce petitions have to be moved in superior courts of the county, and this must happen where you have been residing at the time of the marriage. Requirements may vary for Atlanta divorces.
 

‘At-Fault’ And ‘No-Fault’ Divorce in Georgia

In order to be granted a divorce, you must be able to prove your case for the divorce appeal. Georgia divorce laws specify 13 separate reasons on the basis of which the divorce hearings can be arranged. Of these, twelve are the ‘at-fault’ reasons, one or more of which might be violated. However, it is mandatory that the 13th reason (the ‘no-fault’ reason) must be broken irretrievably for divorce proceedings to start off.

To get a divorce in Georgia, the ‘no-fault’ agreement does not need both you and your spouse’s agreement for the divorce proceedings to start. It is considered to be adequate if either of you can prove that the marriage has been damaged beyond the point of any plausible reconciliation. Neither you nor your spouse needs to specify the faults the other person might be guilty of.

On the other hand, the fault grounds have to be specifically mentioned and proved, as per the twelve ‘at-fault’ grounds in a GA divorce process. Some of the grounds here are:

•    Adultery
•    Willful desertion of the spouse
•    Mental illnesses
•    Abuse of the spouse physically and/or mentally
•    Fraudulent practices
•    Impotency

A heightened level of drug addiction is also deemed to be an ‘at-fault’ ground for divorce.

Before filing a divorce petition, you and your husband or wife must already be separated, albeit in a legal sense. While there are no objections to you and the spouse living in the same house, the two of you should not be sharing the same sleeping quarters at the time of filing the complaint.

The plaintiff (the person who initiates the motion of divorce proceedings) is required to place a formal ‘complaint’ at a superior court. The other party is served a copy of the same complaint by the court itself. Georgia divorce laws state that this initial complaint should contain all the relevant information regarding the conditions and the current situation of the marriage.

Do remember that it will take some time before you can get the divorce, and the required time can vary according to the circumstances. In cases where the divorce proceedings are uncontested, a period of 31 days is stipulated for the defendant to respond to his/her spouse’s complaint. However, the process can become rather time-consuming if you or your spouse decide to contest the case.

You can of course also settle the divorce agreement out of court. If this is what you want, you and your partner must mutually agree on property distribution, childcare, finance issues and other related issues among yourselves.

How the Divorce Case Starts

If you or your spouse has contested the divorce, you will need to first attend a temporary hearing. After this initial stage, the final trial will begin. It is in this stage that all the important divorce issues (including the allocation of alimony) are determined.

In Georgia, the divorce laws are carefully designed in reference to the allocation of child custody. Neither the father nor the mother is bound to take up the responsibility of the child. It is up to the court to decide whether staying with the father or the mother would serve the interest of the child the best. Shared custody of the child is also a possibility in a divorce case in Georgia. The wishes and opinions of the child (provided that he or she is more than 14 years old) can also be considered by the court before granting custody.

In divorce proceedings in Georgia, an individual might have to pay alimony for the upkeep of his/her spouse. This alimony must continue until either one of the parties passes away, or the recipient marries again. Alimony issues are all decided by the court, and the decision will be binding to you and your spouse.