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In Georgia, either spouse can file for divorce if they meet the residency requirements. At least one of the spouses must have been a resident of the state for a minimum of six months before filing for divorce.
The divorce can be filed in the county where the defendant (the other spouse) resides, where the couple last lived together, or in the county where the plaintiff (the filing spouse) resides if the defendant is a non-resident of Georgia.
You have tofile for divorce with the Clerk of the Superior Court in the county where you or your spouse have lived for at least 6 months.
Yes, Georgia requires a separation period before filing for a no-fault divorce. The separation period is generally six months, although it can be shorter if the couple is living separately and a settlement agreement has been reached.
However, if the divorce is filed on fault grounds (such as adultery or cruel treatment), there is no mandatory separation period.
Georgia is not a community property state. Instead, it is an equitable distribution state, which means that property and assets acquired during the marriage will be divided fairly and equitably, but not necessarily equally, between the spouses in the event of divorce.
Factors considered in the division of assets may include the length of the marriage, each spouse's financial and non-financial contributions to the marriage, the earning potential and financial needs of each spouse, and any other relevant factors.
It is always recommended to seek the advice of an experienced family law attorney in Georgia for specific guidance on property division.
The cost of divorce in Georgia varies depending on many factors, such as the complexity of the case, whether the divorce is contested or uncontested, the attorney's fees, and other related expenses.
On average, the total cost of divorce in Georgia can range between $5,000 to $20,000 or more. These costs include court fees, attorney fees, and other expenses such as child custody evaluations, expert witness fees, and mediation costs.
However, couples who agree on crucial issues like property division, child custody, and support may go through an uncontested divorce, which cost less than a contested divorce.
See our guide on how to get divorced on a budget
In Georgia, the time it takes to get a divorce depends on several factors, including the complexity of the case, whether the divorce is contested or uncontested, and the court's caseload.
On average, an uncontested divorce in Georgia can take about 30-45 days from the date of filing to the final decree.
However, if the divorce is contested, it can take several months or even years to resolve all the disputes and reach a settlement. It's best to consult a divorce attorney to get a better estimate for your specific case.
Child custody in Georgia is based on the best interests of the child. The court considers the child's physical, emotional, and mental health, as well as the ability of each parent to provide for the child's needs.
Other factors that may be considered include the child's relationship with each parent, the child's school and community involvement, and the ability of each parent to cooperate and communicate with the other parent.
There are two types of custody in Georgia: legal custody and physical custody. Legal custody refers to the right to make major decisions about the child's upbringing, such as education, medical care, and religious upbringing.
Physical custody refers to the child's physical residence and care.When determining custody, the court may award sole custody to one parent or joint custody to both parents.
Sole custody means that one parent has primary physical and legal custody of the child, while the other parent may have visitation rights. Joint custody means that both parents share physical and legal custody of the child, with equal or varying amounts of time spent with each parent.
The court encourages parents to come to an agreement regarding custody and visitation, but if they cannot reach an agreement, the court will make a decision based on the best interests of the child.
