Georgia Divorce Information and
FAQ
A divorce may be granted in the State of Georgia on the following
grounds:
1. Incest; 2. Mental incapacity at the time of marriage; 3. Impotency
at the time of marriage; 4. Force, menace, duress, or fraud in obtaining
the marriage; 5. Pregnancy of the wife by one other than the husband at
the time of marriage, unknown to the husband; 6. Adultery by either party;
7. Willful and continued desertion by either party for one year; 8.
Conviction and imprisonment for at least two years for a crime of moral
turpitude; 9. Habitual intoxication or drug addiction; 10. Cruel
treatment; 11. Incurable mental illness; 12. The marriage is irretrievably
broken. CGA 19-5-3
Residency requirements The party filing for divorce must have been an
actual and bona fide resident of the State of Georgia for at least six
months prior to the filing of the petition for divorce and such divorce
action shall be filed in that party's county of residence. If the filing
party is a non-resident of the State of Georgia and the other spouse has
been a resident of the state for six months, the filing party may file the
petition in the county in which the other party resides. CGA 19-5-2
Waiting period A divorce based upon the irretrievable breakdown of the
marriage shall not be granted until at least 30 days have elapsed from the
date of service upon the respondent. CGA 19-5-3
Name of court and title of action/parties An action for divorce is
filed with the Superior Court. The action initiating the divorce
proceeding is the Petition, while the action granting the divorce is
referred to as the Final Judgment and Decree of Divorce. The filing party
is called the Petitioner, while the other spouse is referred to as the
Respondent. CGA 19-5-1,19-5-5
Simplified divorce proceeding There are no provisions within the State
of Georgia for simplified divorce proceedings. Legal separation When the
spouses are separated, the State of Georgia permits either party to
petition the court for support on that party's behalf or on the behalf of
any minor children of the marriage. CGA 19-6-10
Conciliation/mediation In any county with alternative dispute
resolution programs, the court may refer all contested petitions for
divorce to those programs. In addition, in counties without such programs,
the court may still refer any disputed divorce case to participate in any
reasonably available alternative dispute resolution program as it sees
fit. CGA 19-5-1
Alimony Alimony may be awarded to either spouse on either a permanent
or temporary basis in accordance with that party's needs and the other
party's ability to pay, although a party is not entitled to alimony if the
court determines that the cause of the spouses separation was due to that
party's adultery or desertion. The amount of alimony will be determined by
the court after consideration of the following factors:
1. The standard of living established during the marriage; 2. The
duration of the marriage; 3. The age, physical and emotional condition of
both parties; 4. The financial resources of each party; 5. The time
necessary for either party to acquire sufficient education and training to
find suitable employment; 6. The contribution of each spouse to the
marriage; 7. The condition of the parties, including the separate estate,
earning capacity and fixed liabilities of each party; 8. Any other factor
the court deems relevant and just.
Distribution of property The court will distribute the marital property
of the parties between them as it deems equitable and just, after setting
aside to each spouse that party's separate property. Child Custody The
issue of custody of any minor children of the marriage will be determined
by the best interests of the child. The court shall not prefer one party
over the other on the basis of sex. The court will consider instances of
domestic violence in determining custody and may also order a
psychological or medical evaluation of the family as it deems necessary.
CGA 19-9-3
Child support Either party may be ordered to pay child support. Georgia
has enacted child support guidelines which establish the presumptively
correct amount of support to be paid. Deviation from these guidelines
require a specific written finding on the record of the proceeding that
the application of the guidelines would be inappropriate or unjust in the
particular case. The record must further state what the amount of support
would have been under the guidelines. Justification for deviation from the
guidelines include such things as: 1. The ages of the children; 2.
Educational costs; 3. A child's extraordinary medical costs; 4. Day-care
costs; 5. Shared physical custody arrangements; 6. A party's support
obligation to another household; 7. Income that should be attributed to a
party because of that party's artificial suppression of income; 8. In-kind
income for the self-employed; 9. Other support a party is willing to
provide; 10. A party's own extraordinary expenses; 11. Extreme economic
circumstances; 12. Historical spending in the family for children; 13.
Cost of living factors; 14. Any other factor the court deems to be
required by the ends of justice.
The duty of support shall continue until the child reaches the age of
majority, dies, marries or becomes emancipated, whichever occurs first.
The court may, however, under certain circumstances, order the continued
support of a child who is enrolled in a secondary school until the child
reaches the age of twenty.
The court may also order a party to provide medical insurance for the
child if such insurance is reasonably available. CGA 19-5-3
Name change In all divorce actions, upon request, the court may restore
a party to a former or maiden name. CGA 19-5-16
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