Divorce Guide

Divorce Guide

Georgia No Fault Divorce

According to Georgia no-fault divorce laws, divorce can be granted if a spouse refuses to live with the other on the grounds of “incompatibility in temperament” or “irreconcilable differences”. If the judges find that there is no scope of the marriage working out, then he/she grants the divorce. The other grounds on which the divorce can be granted are called “fault grounds”. There are 12 fault grounds of divorce and one “no-fault ground”.

No-fault divorce laws in Georgia specify that a spouse need not prove that the other spouse had done a major “wrongdoing” such as indulged in an adulterous affair or deserted the family or been emotionally or physically cruel. A simple “not getting along well” suffices the divorce.

Residential requirements in GA no-fault divorce

It is mandatory for at least one spouse to have stayed in the state of Georgia for a minimum period of six months before filing the case of divorce. If that is not the case then Georgia must be the last state of domicile of the couple.

Terms of separation in GA no fault divorce

The couple must be considered separated at the time of filing the divorce if they are not having sexual intercourse with each other. Courts consider living under the same roof but not being intimate as “separation”.

Filing GA no-fault divorce

The “plaintiff” is the person who files for divorce. He/she would be filing the divorce in the respective superior court which is called the “complaint”. A copy of this complaint would be given to the other spouse by the sheriff. The details in the complaint must include child custody arrangements, specific grounds of divorce, present living arrangements, debt details and assets.

As a response to the “complaint”, the defendant is expected to file an appeal for the divorce in the next 30 days from the date of filing the divorce. In the appeal, the defendant can contest the reason of filing the divorce or about the child custody arrangements etc. Response in 30 days is crucial as the right to contest the complaint would be otherwise lost.

Uncontested GA no-fault divorce

When the parties do not have disputes over matters of child custody, spousal support, property division etc then they may need not go to the court to get the divorce. They need to simply sign the legal separation agreement where, all the legal matters concerning the marriage are clearly mentioned. Such an uncontested divorce takes less time to be declared as “dissolved”.

Temporary hearing and final trial in GA no fault divorce

In most of the no-fault divorce cases, the judges may award a temporary arrangement regarding spousal maintenance, child custody, management of debts and assets etc till the final date of hearing. In the final date of hearing or the “final trial”, courts give their verdict on child custody issues and visitation schedules. The parents may be awarded shared custody sole custody depending upon the needs of the child and his/her best interests. The wishes of the child are not to be compromised. The ruling for child support is also decided on this day.

Parties interested in no-fault divorce must seek the advice of the lawyer. Any attempt for Do-it-yourself divorce is advisable only if the divorce is uncontested and if the parties are fully aware of the pros and cons of all divorce maters and laws. Otherwise, it could prove to be a mistake.

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