Getting a Divorce in Georgia? Divorce Law Cheat Sheet for State of Georgia
1. What are the residency requirements for filing for divorce in Georgia?
To file for divorce in Georgia, one of you must have been a resident of Georgia for six months. Military personnel stationed in the state may file after one year.
2. Does Georgia have a waiting period?
There is a 30-day waiting period for no-fault divorces.
3. Does the state have grounds for divorce?
Georgia has fault and no-fault divorces. You can obtain a no-fault divorce if both of you agree to be divorced or if the spouse who was served divorce papers fails to show up at hearings.
If you and your spouse don’t agree to divorce, you may file based on these grounds:
- You and your spouse are relatives.
- You or your spouse was mentally incapacitated when you got married.
- You or your spouse was impotent when you got married and continues to be so.
- The two of you were forced to be married.
- The wife was pregnant by another man at the time of marriage, and the husband didn’t know about it.
- You or your spouse committed adultery (had an affair).
- One of you deserted the other for at least a year.
- One of you is sentenced to jail for two years or more.
- You or your spouse is habitually drunk or addicted to drugs.
- One of you is mentally or physically cruel to the other.
- You or your spouse is certifiably and incurably mentally ill.
If you file based on the grounds that your marriage is irretrievably broken, meaning there’s no reasonable hope of getting back together, the 30-day waiting period applies.
The judge may refuse to grant a divorce if one of you protests and the court finds one of the following:
- The adultery, desertion, cruel treatment or intoxication you complained of was actually planned by the two of you in order to get a divorce.
- You or your spouse had consented to the adultery, desertion, cruel treatment or intoxication that you’re now complaining of.
- Both of you behaved in the same way.
- You or your spouse condoned the acts that you’re now complaining of, and you continued to live together.
4. How does Georgia determine the division of property?
If you and your spouse can agree on how to divide your property, you can present a settlement agreement to the court. If you can’t agree, the court will decide for you. Georgia is an equitable distribution state, meaning the court considers certain factors to determine a fair (though not necessarily equal) division of the marital property. It’s not necessarily a 50/50 split.
Martial property is anything you acquired during your marriage, including gifts purchased for one another with marital money and pensions. Non-marital property is property you acquired before you were married, property you received as an inheritance or gift, and property you and your spouse agree to exclude from the division. The court considers these factors when determining how to divide your marital property:
- The monetary and non-monetary contributions each of you made toward the well-being of your family during your marriage.
- The value of you and your spouse’s separate property.
- You and your spouse’s economic circumstances.
- What caused your marriage to end.
- How long you were married.
- You and your spouse’s ages and physical and mental conditions.
- How your marital property was acquired and the role you each played in that.
- Alimony or other circumstances that have a financial impact.
- Any other factors the court considers necessary for a fair and equitable” division.
5. Does Georgia require mediation before a divorce is granted?
No, Georgia doesn’t require mediation as a rule before granting a divorce, though the court may require it on a case-by-case basis.
6. How does the state determine child custody?
Legal custody and physical custody are two different things. Legal custody outlines how involved each parent is in the major decisions of a child’s life — where a child goes to school, what faith he or she is raised in and other biggies.
Physical custody addresses where a child will live and with whom. Visitation is then negotiated based your physical custody arrangement.
In Georgia, each of you is expected to prepare a parenting plan or submit one together. It must include:
- A recognition that a close and continuing parent-child relationship and continuity in your child’s life will be in your child’s best interest.
- Arecognition that your child’s needs will change and grow.
- A recognition that whoever has physical custody will make day-to-day decisions and emergency decisions.
- That both parents have access to all of your child’s records and information, including education, health, extracurricular activities and religious activities.
- Where and when a child will be in each parent’s physical care, designating where the child will spend each day of the year.
- How holidays, birthdays, vacations, school breaks and other special occasions will be spent with each of you, including the time of day that each event will begin and end.
- Transportation arrangements, including how your child will be exchanged, the location of the exchange, how the transportation costs will be paid and any other related matter.
- Whether supervision will be needed for any parenting time and, if so, the details of the supervision.
- How decisions will be made with regard to your child’s education, health, extracurricular activities and religious upbringing, and how you will solve disagreements.
- What, if any, limitations will exist while one parent has physical custody of the child in terms of the other parent contacting the child, and the other parent’s right to access education, health, extracurricular activity and religious information regarding the child.
If you and your spouse can’t agree on a permanent parenting plan, you each have to file your own proposed parenting plan on or before a date set by the judge. If the court ultimately has to decide, it will consider these factors:
- The relationship between your child and each of you, as well as any siblings or stepsiblings.
- You and your spouse’s ability to give your child love, affection and guidance and to continue his or her education.
- You and your spouse’s familiarity with your child and his or her needs.
- The ability of each of you to provide food, clothing, medical care, day-to-day needs and other necessary basic care, with child support taken into consideration.
- How nurturing and safe you and your spouse’s homes are.
- The stability, continuity and resources each of you can offer your child.
- You and your spouse’s physical and mental health.
- You and your spouse’s level of involvement in your child’s educational, social and extracurricular activities.
- You and your spouse’s employment schedules.
- Your child’s home, school and community record, as well as any health or educational special needs.
- You and your spouse’s past performance as parents and future potential the willingness and ability of each of you to encourage a close and continuing parent-child.
- Relationship between your child and the other parent.
- Any recommendation by a court-appointed custody evaluator or guardian.
- Any evidence of family violence or sexual, mental or physical child abuse or criminal history.
- Any evidence of substance abuse by you or your spouse.
In Georgia children between the ages of 11 and 14 may have a say in their custody. Children 14 and older may choose which parent they want to live with, barring any unusual circumstances.
7. How does the state calculate child support?
Georgia begins with each parent’s income, combines them and uses a worksheet to arrive at a total for support. The portion of that total that each of you is then responsible for is based on what percentage of the total combined income you each earn. The cost of health insurance and work-related child care are factored in.
The sum may be influenced by these factors:
- Other health-related insurance.
- Child and dependent care tax credits.
- Travel expenses.
- Alimony.
- A mortgage.
- Extraordinary expenses.
- Parenting time.
- Other case-specific situations.
8. How does the state determine and calculate alimony?
Alimony, also known as maintenance, may be awarded to either of you, if requested. In determining whether to grant alimony, the court will take into account your behavior toward each other. And the court will not grant alimony to a spouse who caused the separation because of his or her adultery or desertion.
In deciding whether to award alimony and how much, the court will take into account:
- The standard of living established during your marriage.
- How long you were married.
- Your ages and physical and mental conditions.
- You and your spouse’s financial resources.
- How long it would take either of you to get the training or education necessary to find a job.
- You and your spouse’s contributions to your marriage, including caring for your home or children or supporting the education or career of each other.
- Your financial state and earning capacity.
9. Is there a waiting period before remarriage in Georgia?
No, you are free to remarry after the court delivers the final judgment ending your marriage.
