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Georgia Divorce Laws

The Basics of Divorce in Georgia

Also See: Georgia Marriage Laws

Articles about 'Divorce / Separation'
Divorce Laws in All 50 States: Click Your State's Link to View the Divorce Statutes that Affect You
Divorce Glossary: Understanding Legal Terminology Related to Divorce
What is No Fault and At Fault Divorce?: Understanding the Difference
Defenses to Divorce: Affirmative Defenses to At-Fault Divorce Allegations
The Effects of Divorce on Children: How to Help Your Child Adjust to the Transition of Divorce
What is a Bifurcated Divorce?: Splitting Your Dissolution Case into Parts
FAQ: What Is An "Agreed" or "Uncontested" Divorce?: Frequently Asked Questions About Divorce
FAQ: How Do I File for Divorce if My Spouse is Missing?: Frequently Asked Questions About Divorce
Is A Do-It-Yourself Divorce Right For You?: How To Know If You Can Do Your Own Divorce
FAQ: Is property that I acquired during a separation considered to be marital property?: Frequently Asked Questions About Separation and Divorce
Types of Separation: Understanding Your Options When You Decide to Split Up
Separation Agreements: How To Draft Your Own Agreement of Separation
FAQ: What's the difference between a divorce and a legal separation?: Frequently Asked Questions About Divorce and Separation
Book Review: Taking Space: How to Use Separation to Explore the Future of Your Relationship
Book Review: Should I Stay Or Go?: How Controlled Separation Can Save Your Marriage
The Divorce Process: What Happens Next?
Lower Your Chances of Divorce: Tips to Keep Your Marriage Going Strong
The Basics of Property Distribution: What Happens to Your Stuff When You Divorce?
Collaborative Divorce: A New Approach to Conflict Resolution
Mediation: An Alternative to Divorce Litigation
Book Review: Divorce and Money: Everything You Need to Know About Splitting Up Your Assets
Book Review: Building A Parenting Agreement That Works: How to Put Your Kids First When Your Marriage Doesn't Last
Book Review: Your Right to Child Custody, Visitation and Support: The Easy Guide to Custody, Support and Visitation Rights
FAQ: What's the difference between divorce and annulment?: Frequently Asked Questions About Divorce and Annulment
Checklist of Documents to Gather for Divorce: Making Sure You Have the Information You Need
Do I Need A Lawyer To Get A Divorce?: Understanding Your Options In A Divorce
How Do I File For A Divorce?: The Basics of Beginning Divorce Proceedings

Statute: Georgia State Divorce Code (Title 19, Chapter 5)

No-Fault Grounds: Irretreivable breakdown

At-Fault Grounds:

  • Marriage between blood relatives
  • Mental incapacity at time of marriage
  • Impotency at time of marriage
  • Force, duress or fraud
  • Pregnancy by a man other than the husband at the time of marriage, unknown to the husband
  • Adultery
  • Willful and continued desertion for at least one year prior to filing
  • Conviction resulting in a prison term of two years or more
  • Habitual intoxication
  • Cruelty that jeopardizes life, limb or health
  • Incurable mental illness
  • Habitual drug addiction

Residency:  Either party must have been a resident continuously for 6 months or more prior to filing.

Legal Separation Recognized? Yes. Alimony can be awarded without having a divorce pending.

Counseling Requirements: In cases of dispute, the judge may order alternative dispute resolution.

Property Distribution : Georgia relies on "equitable distribution" so the court will distribute the marital property "in an equitable manner" if the parties can't agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance)  is not included in property distribution.

Alimony : Alimony may be awarded to either party and is at the discretion of the judge. While the judge is not required to consider fault when determining alimony, the conduct of the parties can be a factor in the decision process.


  Tags : georgia, divorce, divorce laws, alimony, property distribution, legal separation, at fault / no fault divorce, marriage
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