Divorce in Georgia

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  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support

    Residency Requirements and Grounds for Divorce

    You must be a resident of Georgia for six months and a county resident to file for divorce. If you live out of state, you may file for a divorce against a spouse who has lived in Georgia for six months in the county where the spouse resides.

    Either spouse can get a divorce simply by stating in divorce papers that the marriage is "irretrievably broken," without any need for showing any wrongdoing or fault.

    If the spouses are not in agreement that a divorce should occur, the spouse wanting the divorce must prove one of the following grounds for divorce:

    • Mental incapacity or impotency at the time of the marriage
    • Adultery
    • Desertion for one year
    • Conviction of either spouse of a offense involving moral turpitude
    • Habitual intoxication or drug addiction
    • Cruel treatment that endangers the life or safety of the spouse
    • Incurable mental illness
    • Force, menace, duress or fraud in obtaining the marriage
    • The wife was pregnant by a man other than the husband at the time of the marriage, and the husband didn't know
    • Incest

    The legal divorce process begins when one of the spouses files a "Petition for Divorce" with the Superior Court. The other spouse is then served with the paperwork and given time to respond. The court will not grant a divorce based upon the irretrievable breakdown of the marriage until at least 30 days after the other spouse is served. If the parties are in agreement about property and debt division, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will set a time for a hearing, usually some time in the future.

    After the Petition for Divorce has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.

    Dividing the Property

    In Georgia, assets and debts acquired during your marriage - called "marital property" will be divided "equitably" when you divorce. "Equitable" does not necessarily mean "equal," but what is fair to both spouses.

    Not all property is considered "marital property":

    • For example, property you inherit during the marriage generally is considered your own "separate property" and is not subject to equitable division
    • Gifts given to you, except gifts you and your spouse give to each other, generally are not considered marital property

    Judges have complete discretion in equitably dividing marital property and may consider any number of factors, including the conduct of the parties during the marriage. Other factors include:

    • Each party's separate assets and financial status
    • Each party's income and earning capacity
    • Each party's debts and future needs

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Georgia divorce lawyer can save you a lot of time and money.

    Alimony

    A court can order alimony in Georgia. A court will generally consider such factors as:

    • The length of the marriage
    • The financial resources of each party
    • The time necessary for either party to acquire sufficient education and training to enable him/her to find appropriate employment
    • The contribution of each party to the marriage
    • The earning capacity of the parties

    A court can order temporary alimony while the divorce is pending. Most alimony is ordered for a specific length of time.

    Child Custody and Visitation

    In Georgia, the court will make child custody decisions based on what is in the "best interest" of the child if the parents can't come to an agreement. In deciding whether to grant sole or joint custody, the court may consider various factors, including:

    • The fitness, character, personality and general health of the parents
    • The wishes of the parents, if they are determined to be fit
    • The wishes of the child, after taking into consideration the child's age and maturity
    • The ability of the parents to communicate with each other
    • The prior and continuing care the parents have given the child
    • Any history of domestic abuse

    If there is a history of domestic abuse, the court will presume joint custody is not in the best interest of the child.

    After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. It a parent is denied court-ordered access to a child, he or she may bring the issue back before the court. The judge may decide to modify the visitation order, order makeup visitation for the time missed or order counseling or mediation.

    Child Support

    In Georgia, child support is based upon the gross income of the noncustodial parent and how many children the parent is responsible for supporting. The percentage of the noncustodial parent's gross income presumed to be the correct amount is 17% to 23% for one child, 23% to 28% for two children, 25% to 32% for three children, 29% to 35% for four children, and 31% to 37% for five or more children. In special circumstances, the court may adjust these amounts up or down upon considering factors, including:

    • Ages of the children
    • Extraordinary medical costs or needs of a child in addition to accident and health insurance
    • Educational costs
    • Daycare costs
    • Shared physical custody arrangements
    • A parent's other support obligations to another household
    • Income that should be imputed to a parent because of suppression of income
    • In-kind income for the self-employed
    • Other support a parent is providing or will be providing, such as payment of a mortgage
    • A parent's extraordinary needs
    • Extreme economic circumstances
    • Historical spending in the family for children which varies significantly from the percentage table
    • Cost-of-living
    • In-kind contribution of either parents
    • Income of the custodial parent
    • Cost of accident and sickness insurance for the children
    • Extraordinary travel expenses

    A Georgia child support order can be modified if there has been a substantial change in the income or financial status of either party or the needs of the children.

    Related Web Links:
    - Georgia courts
    - Georgia Domestic Relations Code Select Title 19
    - Georgia Child Support Calculator
    - Georgia Child Support Services
    - Georgia State Profile
    - Family Law: Selecting a Good Lawyer
    - Divorce - General message board for more help
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