GA Divorce And Family Law Questions & Answers
 

Below please find some of the most commonly asked questions of our Atlanta divorce attorneys. The information provided  is general in nature and not specific to any given case.
 

What are the grounds for obtaining a Georgia divorce?

According to Georgia divorce law there are 13 reasons why you may obtain a divorce. The first ground is that the marriage is "irretrievably broken" (this is considered the "no-fault" ground). The remaining 12 grounds are "fault" grounds, and are listed below.

What are the 12 "fault" grounds for a Georgia divorce?

The 12 "fault" grounds under GA divorce law require an allegation that either the husband or wife engaged in some type of wrongdoing which should end the marriage. For example, if either the husband or wife committed adultery, that would be considered a “fault” ground. Additional fault grounds under Georgia law include desertion (the claim that a husband or wife left their spouse for a year or more), cruel treatment (whether psychological or physical), marriage between spouses who are related, mental incapacity, impotency, coercion or fraud in obtaining the marriage, pregnancy of the wife which was not known by the husband when they originally married, imprisonment for certain crimes, habitual drunken behavior or addiction to drugs, and mental illness.

What does a "no-fault divorce" mean according to GA law?

To obtain a divorce in Georgia on a “no-fault” basis, one spouse must simply state that the marriage is “irretrievably broken” and there is no chance of reconciliation. For a no-fault divorce there is no prerequisite that there was any kind of fault or wrongdoing by either the husband or the wife.

What is the residency requirement for getting a divorce in Georgia?

Under GA Divorce Law, either the husband or wife must have lived in Georgia for at least six months, or Georgia must have been the last domicile of the marriage. Click this link if you would like a more detailed understanding of Georgia divorce residency requirements.

Is there a requirement under Georgia law that a husband and wife live separately before they can file for a GA divorce?

No, a husband and wife do not need to live separately in order to file for a divorce in Georgia.  It is important to note, however, that a husband and wife must be considered "separated" in a legal sense (not necessary physical) before filing for divorce. Spouses may be thought of as “separated” even if they are living in the same household but are not sexually or physically intimate.

How do you file for a divorce in Georgia?

To begin, we strongly recommend you consult with one of our divorce attorneys before filing for a divorce in Georgia. The process and procedures of Georgia divorce law can be complex, and you will need an experienced and trusted advocate on your side to properly represent your interests and guide you through the legal process.

With that being said, to file for a divorce in Georgia the spouse seeking the divorce (who will be known as the plaintiff) must file a "complaint" with the appropriate jurisdictional court. The complaint must includes information about the current state of the marriage, such as current living arrangements, whether children are involved, information about assets and debts, and the reason or reasons the plaintiff is seeking a divorce. A copy of the complaint must be served on the other spouse (who will become the defendant), which can be done by the county sheriff's office.

What should I do if I am served with divorce papers?

If you have been served with divorce papers, you should contact a Georgia Divorce Attorney immediately. If you do not answer the complaint properly, and within 30 days, your ability to contest the divorce may be lost under GA law and you will be placed at a significant disadvantage.

Can a husband or wife live separately without getting a divorce in Georgia?

If a husband and wife wanted to separate permanently without getting officially divorced under Georgia law, our divorce lawyers can file a "separate maintenance" action. Under a separate maintenance action, the husband and wife will remain legally remain married in the eyes of the law, but will live apart. Depending on the agreement between the parties or via court order, alimony might be paid by one spouse to the other, and the court may divide property between the husband and wife in accordance with Georgia divorce law.

Do I have to have a trial in order to get a divorce in Georgia?

No. In many circumstances, a husband and wife can reach an agreement resolving all issues including the division of property and finances, child custody, child visitation, alimony, spousal support, and more. Once an agreement is reached, our GA divorce lawyers can present your agreement to the court in the form of a "settlement agreement" and, if the court approves, it will be turned into an official order of the court. This is called a final judgment and decree, and would conclude the lawsuit. Of course, if a husband and wife do not reach an agreement, the issues will need to be resolved by a judge or jury. Importantly, however, a jury is never permitted to decide issues of child custody and child visitation.

How long does it take to get a GA divorce?

It depends. If you and your spouse agree on all issues, it will be considered an uncontested divorce. In this scenario, our divorce lawyers may be able to get you a final Divorce Decree in as little as 31 days after the defendant is served with the divorce complaint. On the other hand, if there is disagreement, it will be considered a contested divorce. While issues may be resolved as the court process plays itself out, it you and your spouse do not ultimately agree they will be decided by a judge or jury. Depending on the complexity of the issues involved, it can take many months or even longer for a full judge or jury trial.

If my divorce is contested, what happens during the time when I have to wait to go to court?

During the waiting period, our attorneys will have the ability to request a GA temporary hearing on your behalf.  A temporary hearing is different than a trial, and resolves issues of child custody, child visitation, child support, alimony, debts, and property division on a temporary basis until trial. Under Georgia divorce law, a judge will issue a temporary order which may prohibit either the husband or wife from interfering with the other spouse or children, and also could prevent the sale or transfer of assets. At trial, both spouses may present evidence by testifying on their own behalf and by calling witnesses. The decision which is rendered by a GA judge or jury at trial will be turned into a binding court order.

Do GA child custody laws all for a husband and wife to share custody?

Yes, a judge can award joint custody. Under GA child custody law there is something known as "joint legal custody," which means that both parents will have equal rights and responsibilities for major decisions concerning the child, and "joint physical custody," which means that a child shares equal time and equal contact with both parents. A judge may choose to award joint legal custody, joint physical custody, or both joint legal and physical custody.

How is a court order governing child support enforced?

A Georgia court order governing child support can be enforced by the garnishment of wages or by a contempt action, which would be filed in the same court that issued the divorce. In addition, Georgia child support enforcement can be done through the district attorney if the non-paying spouse resides out of town.

Do I need a Georgia Divorce Attorney if my spouse and I agree on everything?

By law you do not need a lawyer to get a divorce in Georgia, but as divorce attorneys we strongly recommend you get one even if you are filing for an uncontested divorce.  An experienced divorce lawyer will help ensure that all matters are resolved, especially issues you and your spouse likely have not yet thought about. Acting without the help of a divorce lawyer may end up being a very expensive mistake for both the husband, wife, and any children.

  Getting Started

Issues regarding Georgia residency can be confusing and sometimes intimidating, and the help of an experienced attorney will be invaluable in helping you protect your interests. If you are dealing with a GA divorce issue, we advise you to speak with one of our divorce lawyers sooner rather than later.   For a typical divorce, our law firm retainer begins at $2,500.00.  If you would like to talk with one of our family law attorneys about representing you, either fill out the brief form to your left or give us a call.  For additional contact information and driving directions to our firm please visit our Contact Page.  Thank you and we look forward to working with you.