Divorce FAQ

What are the grounds for a divorce in Georgia?

 1. There are thirteen statutory grounds for a divorce in Georgia. The grounds include adultery, desertion, cruel treatment, habitual intoxication and habitual drug addiction.

 2. The statutory ground most commonly used for a divorce is that the "marriage is irretrievably broken," commonly called a "no fault divorce". For this ground, the parties do not specifically complain of misconduct but state that their marital differences cannot be resolved, and there is no chance of reconciliation.

What are the residency requirements for filing a divorce in Georgia?

The party filing for a divorce, known as the plaintiff or petitioner, must be a resident of Georgia for at least six months before filing a petition for divorce. This period is extended to one year for any person residing in Georgia on a military installation. A nonresident plaintiff may file a petition for divorce if the spouse, the defendant, has been a resident for six months.

How does one file for a divorce?

The plaintiff files a document called a "complaint" with the appropriate jurisdictional superior court for a fee. This complaint includes information to establish the proper jurisdiction and venue. Also, the complaint includes information on the marriage regarding present living arrangements, children of the marriage, assets and debts, and grounds sought for divorce. The sheriff serves a copy of the complaint to the other party known as the defendant or respondent.

Where does one file for a divorce (What is the proper venue)?

A complaint for divorce must be filed in the superior court of the defendant's county of residency, although there may be some exceptions to this rule. For instance, if the defendant has recently moved to another county within Georgia or out of the state of Georgia, the plaintiff may proceed in his or her own county of residency if that county was also the domicile of the marriage for the last six months. Additionally, with the defendant's consent, the complaint may be filed in the plaintiff's county of residence regardless of whether the defendant has moved from the state of Georgia or not.

Must a husband and wife live apart when a divorce complaint is filed?

No, but the spouses must be considered separated in a legal sense before one can file for a divorce. Spouses may be considered separated even if they are living in the same house if they are not sharing the same room and/or not having a sexual relationship.

Is there a way to live apart without getting a divorce?

A party who wishes to live apart permanently but who does not want to get a divorce can file a "separate maintenance" action. The spouses will remain legally married although they are living apart. The court may order that alimony or child support be paid by one spouse to the other.

What is the processing time for a divorce?

1. If both sides can agree on the terms of the divorce, including division of property, child custody and visitation, the amount of child support, and entitlement to alimony, the length of time to get a divorce and the expense of the divorce is considerably lessened. The divorce may be granted any time after 31 days have passed since service of the petition on the defendant (or filing acknowledgement of service). If the parties have not gone so far as to provide a written agreement on everything, but the divorce is uncontested, the divorce may be granted any time 46 days after service on the defendant (unless the time for response has been extended by court order).

2. When a matter cannot be resolved prior to filing a divorce, the action is considered to be contested. The cost of a contested divorce is usually much higher and normally takes a lot longer. Often, the process is slowed down because of property division, alimony, custody of children and child support.

What happens to "our" property in a divorce?

Marital property is all property acquired during the marriage, except for that property received by gift from a third party or by inheritance. Each spouse is entitled to an equitable share of all marital property acquired during the marriage. A claim for division of property can be tried before a court, or the parties may agree upon a property settlement and have it incorporated into the decree. Once a division of property is made part of the judgment, it may be enforced just as any other part of the judgment may be enforced.

What is alimony?

Alimony is payment by one spouse to the other for the other's support and maintenance. Alimony payments may be temporary or permanent. Alimony may be awarded to either spouse based upon the need of the spouse and the ability of the other to pay. Temporary alimony includes an award necessary to meet the financial crisis that may result during a separation and a pending divorce proceeding. If alimony is granted, it is enforceable by either an action for contempt, or by garnishment and execution on property.

What happens while I wait to go to a final hearing?

Either of the spouses may request a temporary hearing. A temporary hearing resolves the issues of child custody, visitation, child support, alimony, debts and possession of real and personal property on a temporary basis until the final decision can be made. The judge will issue a temporary order that applies until the time of the final trial. The temporary order may also prohibit one party from interfering with the other party or the children and prevent the transfer and selling of assets.

What is decided at the final trial?

The judge at the final trial decides questions of child custody and visitation. The judge alone or a 12-person jury (if one of the parties has requested) will resolve all of the financial issues of the marriage, such as division of property, division of debts, alimony and child support. At the final trial, both spouses present evidence by their own testimony and may call other witnesses. The decision rendered by a judge or jury is written into a court order that is binding upon both parties. The wife's maiden or former name can be reestablished if she so desires.

Do I have to disclose all information concerning assets and debts?

Yes, because if you do not disclose all the information concerning assets and debts, the final award or agreement may be subject to an action to have it set aside. All assets acquired during the marriage are usually divided equally between the two parties. Also, all debts acquired together or separately may be divided equally between the two parties.

Who gets to stay in the marital residence?

It is based upon the needs of the family or the potential for family violence. However, as a general rule the custodial parent stays with the children in the marital residence.

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