Divorce Guide

Divorce Guide


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The Georgia divorce court follows the procedures which are used in all U.S. court and there are some guidelines and terms according to which the court follows. The Georgia divorce laws have certain rules which you should follow before filing to the court. The process starts when you file the petition and ends hen divorce decree is signed by the court. The petition is filed in the superior court of the defendantís county of residence.

In Georgia divorce laws there are certain residential requirements and grounds which you should follow prior to filing the divorce. To file for divorce in Georgia court, one party must have lived in Georgia for at least 6 months.

There are in all 12 grounds which Georgia laws permits. For no fault basis, you must present the reason stating that you cannot live with the spouse .to get divorce in Georgia on fault basis, you must prove any of the mentioned: Adultery, desertion for an year, mental or physical cruelty, mental incapacity, impotency, fraud in getting married, mental illness, drug addiction, imprisonment and marriage between the persons who are related by blood.

Some parties agree on the issues like property division and child custody, this agreement is given to the superior court, if the court approves it, the final judgment is made at the Georgia divorce court. In case if these issues along with alimony, visitation, and child support and debt payment are not solved, court considers following factors:

  • Alimony: Court considers factors like marriage length, financial resource of each party, contribution to marriage
  • Child custody and visitation: Court makes the decision that serves the best Childs interest. Factors like parentís relation with their children; ability of parents to meet the Childís need and living arrangements for the child.
  • Child support: factors like education. Extracurricular activity, dental insurance expense or changes based on parenting plan are considered by court.

Process of filing divorce:

The divorce process in Georgia begins with filing the divorce petition at the superior court. It mentions the grounds, and issues are discussed on trial basis. The petition is then along with the necessary documents is served to the spouse stating that divorce has been filed to the court. The respondent receiving the summons petition must respond within 30days.once the response is given the parties have to wait for the courtís decision. If court is satisfied with all the documents, the judge will sign the final decree stating that divorce is granted.

Documents required for filing with the Georgia divorce court: Georgia filing instruction, disclosure statement, divorce petition, domestic relations financial affidavit, marital settlement agreement, schedule for visitation of minor children, schedule A-child support percentages, child support Ėofficial code of Georgia,19-6-15, child support worksheet, affidavit regarding custody, report of divorce and marriage dissolution, service acknowledgment and consent of jurisdiction, domestic relations case fling information form, final judgment and decree and domestic relations case finals disposition information form.

An uncontested divorce takes 31days after filing the petition and if the divorce is contested the divorce takes many months after filing the divorce. Georgia divorce court laws are also available online and can be used for individual purpose also.


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