Divorce is one of three ways to dissolve a marriage in Georgia. Annulment and a decree of separate maintenance granted by the court are alternate ways to end a marital relationship. There are 13 grounds for divorce in Georgia, one no-fault ground and 12 fault grounds, according to the State Bar of Georgia.
No-Fault Divorce in Georgia
Georgia laws regarding a no-fault divorce state that one party must establish a refusal to live with the other spouse and that there is no hope of any reconciliation. This ground is also referred to as irretrievably broken. To obtain a no-fault divorce, there is no need to prove wrongdoing by either party.
Fault Grounds for Divorce in Georgia
The 12 grounds for a fault divorce in Georgia are adultery, desertion, mental abuse, physical abuse, mental incapacity at the time of marriage, marriage between closely related persons, impotency at the time of marriage, fraud, pregnancy unknown to the husband at the time of the marriage, drug addiction, mental illness, and conviction and imprisonment of certain crimes.
Residency Requirements
The residency requirement laws to obtain a divorce in Georgia state that one spouse must have lived in Georgia for six months or the state must have been the last place of residence during the marriage.
Separation
Divorce laws in Georgia state that the spouses must be legally separated at the time the divorce complaint is filed. A legal separation can include spouses who are living in the same home as long as they are not sharing the same room and not having a sexual relationship.
Time Frame
The length of time it takes to obtain a divorce in Georgia depends on whether the divorce is contested or uncontested. An uncontested divorce where there is an agreement between the two parties may be granted 31 days after the defendant was served with the divorce complaint. A contested divorce, one where there is no agreement between parties, may take months awaiting a court date.
Alimony
Alimony is a support and maintenance payment from one spouse to the other at the time of a divorce. In Georgia, alimony may be granted to the husband or the wife for a defined period of time, as one lump sum or in the form of property.
Marital Property
Georgia divorce law holds that marital property is all property obtained during the marriage except for property that was received from an inheritance or gifted by a third party. Each spouse is entitled to an equitable, but not necessarily equal, share of the marital property. A judge or jury may decide on the equitable division of marital property.
