Divorce Guide

Divorce Guide


Getting divorce in Georgia


According to Georgia Code - Section: 19-5-5, getting a divorce in Georgia is possible only when at least one spouse is continuously staying in the state for six months before filing a petition for divorce. There are two possible causes in Georgia for taking divorce. They are, ‘No fault’, which indicates that the marriage is permanently broken and ‘fault’, which covers everything from mental inability to marital betrayal.

There are some important issues to know that can help while getting a divorce in Georgia.

  • According to Georgia Code - Section: 19-5-3, there are different grounds for the divorce. They are:
  • Marriage between close blood relations.
  • Mental inability at the time of the marriage.
  • Impotency.
  • Force, threat, pressure for the marriage.
  • Pregnancy of the wife by a third person other than the husband, at the time of the marriage.
  • Disloyalty in either of the spouses after marriage.
  • Permanent mental illness.
  • Habitual drug addiction

Along with this there are some instructions to share while getting divorce in Georgia.

  • To file for divorce process without a lawyer in the state of Georgia your divorce must be ‘no fault’. You and your spouse must have the same opinion of taking the divorce.
  • The first thing to do is find the appropriate forms to file with your local court. These forms are easily available on internet. They are not expressive.
  • You can fill the forms using your own program such as Microsoft word or using a website that helps to fill the forms.
  • Take your ‘petition for divorce’ to local clerk of court office of your county. You must pay the filing fees which is not more than 300 US dollars in the state of Georgia.
  • If your divorce is uncontested, the divorce process complete within 30 to 45 days.
  • According to Georgia Code - Section: 19-5-1, in case of contested divorce cases, the judge may refer the couple to a proper settlement program prior to a trial. Such method is practically available without additional cost to the parties
  • According to Georgia Code - Section: 19-3-9, marital property is distributed according to equitable distribution.
  • Child custody may be granted to either parent. This will help for welfare of the child and give the happiness to the child. The court always gives the final decision of child custody. Custody-related matters need to be solved before the divorce is approved. Some judges prefer child’s wish considering the age of child.
  • While getting divorce in Georgia if one of the spouses is unable to pay the lawyer’s fees then he/she can file for counsel fee.

We can imagine that getting a divorce in Georgia is difficult and confused process without proper guidance. A good divorce attorney can help you to make the whole procedure rapid and less painful.


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