Divorce Law in Georgia

Georgia Divorce Laws and Residency Requirements

Divorce in Georgia follows many of the same standards as divorce in other states. For instance, you must be a bona fide resident of Georgia for the six months prior to filing for divorce, or be stations in Georgia as a member of the United States military for the year prior to filing. Or, if you are not a resident of Georgia, but your spouse has been a resident of Georgia for the prior six months, you are still eligible to file for divorce in Georgia.

You may file for divorce in the county where you live, or the county where your spouse has lived for at least six months. If you and your spouse lived in Atlanta, but you've since moved to Kingsland, you can file in Fulton County, where your spouse is, or in Camden County, if you have lived there at least six months.

Grounds for Divorce in Georgia

Georgia divorce law allows for no-fault on the grounds that the marriage is irretrievably broken. Divorce decrees on this ground will be granted at least 30 days after the respondent (your spouse) is notified of the filing.

There are several grounds for divorce in Georgia due to fault, including:

"Intermarriage by persons within the prohibited degrees of consanguinity or affinity" This unusual ground means that if you married a cousin, you can get a divorce if the cousin is unlawfully close in family relationship.

• Mental incapacity at time of marriage
• Impotency, again at time of marriage
• "Force, duress or fraud" in the marriage contract
• Pregnancy of the wife by another man, at the time of marriage, without the husband's knowledge
• Adultery
• Desertion, by either party, of at least one year
• Conviction involving moral turpitude
• Habitual drunkenness
• Cruel treatment
• Incurable mental illness
• Habitual drug addiction

Property Distribution in Georgia Divorce

Georgia divorce law makes Georgia an "equitable distribution" state, which means that if the parties cannot agree on property distribution, the court will consider the circumstances and distribute property fairly (which may not be equally) between the parties. The Georgia divorce statutes do not list factors the court should consider in distributing property.

Spousal Support in Divorce Cases in Georgia

While alimony, or spousal support, is not guaranteed in a divorce case, the courts in Georgia may award alimony in divorce unless the spouse is guilty of desertion or adultery. The court will consider the following factors in awarding spousal support:

Each spouse's participation in the marital financial situation, or estate

• The length of the marriage
• Each spouse's future earning capacity
• Net worth of separate property
• Standard of living established during the marriage
• Time one party may need to seek employment

Georgia Child Custody

In determining child custody if the parties cannot agree, the court will consider several factors, including:

• Parental suitability of each parent
• The needs of the child
• The prior role of each parent
• The wishes of the child
• The location of each parent's residences
• Any prior agreement between the parents

Children 14 or older may choose which parent they wish to live with, unless the court determines that the parent chosen is not fit to have custody. Children 11 or older, but under 14, may express their desires and have those desires considered by the court, along with the educational needs of the child.

Child Support in Georgia Divorce Cases

Child support in Georgia is based on the Percentage of Income formula, which figures the child support based on the non-custodial parent's income. Other factors considered when awarding child support in Georgia include:

• Children's ages
• Children's extraordinary medical costs or needs in addition to medical coverage
• Educational costs
• Day-care costs
• Shared physical custody
• Party's other support obligations to another household
• Income that should be imputed to a party because of suppression of income
• In-kind income for the self-employed
• Other support a party provides, such as mortgage payment
• A party's own extraordinary medical or other needs
• Extreme economic circumstances
• Historical family spending on the children
• Cost-of-living factors
• In-kind contributions by either parent
• Income of the custodial parent
• Cost of insurance coverage
• Any other factor the court considers crucial

Find a Georgia Divorce Attorney

Georgia Bulldogs are not just a football team. To find an aggressive Georgia divorce lawyer to work for you and get you the best settlement in your divorce, act now to get a referral to one of our excellent Georgia divorce lawyers.