divorce in georgiaDivorce is an uncertain and scary time, and sometimes it seems like the process will never end. If you are thinking about getting a divorce or are in the midst of a divorce, this blog post will help you learn more about divorce in Georgia. This information is by no means comprehensive, and every case is different. The team at Bushway Law Firm is happy to give you more information and walk you through the divorce process.

Grounds for Divorce in Georgia

Georgia has 13 grounds for divorce, including no-fault divorce. The other 12 grounds are fault grounds, which require proof that one spouse committed some kind of wrongdoing. In Georgia, fault grounds include:

  • Adultery
  • Desertion
  • Mental or physical abuse
  • Marriage between people too closely related
  • Mental incapacity at the time of the marriage
  • Impotency at the time of the marriage
  • Force or fraud in obtaining the marriage
  • Pregnancy of the wife unknown to the husband at the time of the marriage
  • Conviction and imprisonment for certain crimes
  • Habitual intoxication
  • Habitual drug addiction
  • Mental illness

Filing for Divorce in Georgia

In order to file for divorce in Georgia, you must be considered legally separated from your spouse. This doesn’t mean you have to be living in separate homes. It simply means that you consider yourself separated and are no longer having marital relations.

You and your attorney will file a Complaint with the superior court in the county where your spouse lives. A few exceptions would allow you to file in the county where you live, and your attorney can help you determine where to file. After you file the Complaint, it will be served to your spouse.

Finalizing Divorce in Georgia

If your divorce is uncontested, meaning you and your spouse agree with everything like division of property and child custody, your divorce can be finalized 31 days after the Complaint has been served.  If you and your spouse disagree, you will likely go to trial, where custody, parenting time, child support, division of property and debts, and alimony are decided.

Divorce involves several additional steps, and each rule can have several exceptions. The easiest way to navigate divorce is by hiring exceptional and caring attorneys.