As with other states, Georgia does not grant a divorce unless certain issues between you and your spouse are resolved. These include the division of property and debt, child custody and payment of alimony. The divorce process in Georgia is designed to help you and your spouse resolve these issues on your own, but unresolved issues are ultimately decided by a court through a trial.
Residency
Georgia has a six-month residency requirement on divorce petitions. If either you or your spouse has been a resident of the state for at least the preceding six months, either of you can file. The divorce must be filed in the Georgia county where at least one spouse legally resides, and if the defendant spouse lives in Georgia it must be filed in that county.
Filing
The process of divorce in Georgia begins with filing a document called a complaint--sometimes called a petition--in the superior court of the appropriate county. The complaint must state the grounds for divorce. Georgia grants divorce for a marriage that is "irretrievably broken" on a no-fault basis. Otherwise, divorce can be granted for adultery, abandonment, inhuman cruelty, mental illness, incest, fraud or duress in the inducement to marriage, habitual intoxication or pregnancy by a third party.
Answer And Temporary Orders
The divorce complaint must be served on your spouse, who then has a limited time to file an answer. The answer can contest any aspect of the divorce, from the grounds to the terms requested. If your spouse agrees to the terms, a settlement agreement can be filed jointly. If the divorce is contested, either or both spouses can request temporary orders for child custody, support or alimony pending the completion of the divorce. Requests for such orders are decided at a temporary hearing.
Parenting Plan
Beginning in 2008, Georgia requires every divorce involving minor children include a parenting plan. The plan must detail the allocation of physical custody between the parents and give one or both parents decision-making authority--legal custody--over the child's education, health care, religion and activities. The plan must be flexible enough, however, to reflect a child's changing needs and generally preserves the relationship of both parents with the child and access to the child's records.
Property Division
Georgia is an equitable division state, which means property is not necessarily divided equally. You and your spouse have the first opportunity to divide your property according to a private agreement. If you do so, the court will not intervene. But if you are unable to reach a decision by the scheduled trial date, the court will weigh a variety of factors, such as the duration of the marriage, each spouse's contribution to the marriage and the extent of non-marital property involved.
Resolution
The divorce process concludes when all the terms of the divorce are decided and incorporated into a marital settlement agreement. If this is done before trial, no trial is necessary. If the divorce goes to trial, only the unresolved issues are decided by the court. Though divorce trials are usually conducted before a family law judge, a jury trial can be requested by either party. Once the marital settlement agreement is complete, it is filed with the court and a final divorce decree is pronounced.
