Georgia divorce laws have a highly detailed legal system for granting divorces. In addition to an extended list of grounds for divorce, Georgia might refer couples to counseling or mediation if the divorce is contested by one party. If the divorce is uncontested, it might be granted quickly. Contested divorces take much longer, possibly many months. Legal separations might be granted if the spouses live apart but do not file for divorce.
Alimony or child support may be granted in legal separations. For couples without children, an annulment may be granted, which states that the marriage was never legal and is now void. This can apply if one of the spouses was coerced into marriage or married under false pretenses. To file for a divorce in Georgia, one of the parties must have lived in Georgia for at least six months prior to filing. The one who files for the divorce is the plaintiff, while the other spouse is the defendant. Georgia divorce laws documents and papers are filed in the superior court in the county of residence.
Grounds for Divorce
A no fault divorce in Georgia means that the marriage is irretrievably broken. Both parties do not necessarily have to agree to the divorce. For a fault divorce, one of the parties must be found guilty of wrongdoing. There are many different grounds for a fault divorce in Georgia, including: adultery; marriage between blood relatives; abuse or cruel treatment; mental disease; frequent intoxication or drug addiction; fraud; impotency; pregnancy of the woman at the time of the marriage by a man other than her husband; or desertion of at least one year.
Georgia Divorce Laws and Property
Georgia is an equitable distribution state. The marital property will be divided in a fair manner between the two parties. Separate property that was acquired before the marriage can remain with the original owner. Georgia considers property division on a case by case basis and does not have any set statutes regarding property.
Georgia Divorce Laws and Alimony
Alimony can be related to the spouse found guilty of wrongdoing during the marriage. For example, a spouse who committed adultery is not likely to be awarded alimony support by the spouse who was cheated on. The court considers certain evidence when rewarding alimony, including:
The length of the marriage and the standard of living established
The contributions of both parties to the marriage including finances, child rearing, homemaking, and support of one spouse for the other to establish a career
The incomes and earning potential of the spouses
Whether one spouse will need vocational training or search for work
The financial status of each party including property, assets, and liabilities
The age and health of each party
Georgia Divorce Laws and Child Custody
The state of Georgia believes that the child has a right to express their desires about which parent to live with. If the child is 14 years of age or older, they are able to select which parent will get custody, unless the court determines that the parent is unfit. If the child is at least 11 years of age, their preference will be strongly considered by the court. Custody is determined by parental bonding with the child, the presence of siblings and where they will love, the home environment, parental involvement with the child’s education and activities, and the parent’s willingness to facilitate the child’s relationship with the other parent.
Parents are required to have a parenting plan that outlines how major decisions regarding the child’s health, education, and religion are to be made. Parenting plans also outline where the child will spend major holidays, school holidays, or special occasions such as birthdays and the drop off and pick up procedures by the parents. Parenting plans may be altered over time as the needs of the child change with age.
Georgia Divorce Laws and Child Support
Child support in Georgia is based upon the income shares model, which takes the gross incomes of both parents and finds the percentage that each parent contributes in total. Gross income can include wages, bonuses, investment income, disability payments, or gifts. A child support obligation table is then consulted to determine the amount that the parent with the higher percentage of the income will contribute to the other parent.
Other factors used in determining child support include: contribution to other costs such as insurance, education, or daycare; other financial obligations of the parents such as other children or family members; extreme income fluctuations, either higher or lower; and travel expenses incurred by the noncustodial parent for visitation. Child support will cease when the child turns 18, gets married, or dies.
