Georgia Divorce Laws 4

In: Georgia

The Basics of Divorce in Georgia

Also See: Georgia Marriage Laws

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.


  • Natassia Chalmers

    My husband and I have lived apart for over a year now and have been unable to divorce due to financial reasons. My boyfriend moved in with me and are buying a house completely with my own money and I want to know if my husband has a chance of getting to own part of the house I am buying. I am in Georgia.

  • Audrey W.

    My husband and I have been separated (no legal documents) since 1997. We were married in New York State, however in 1998 I moved myself and our children to Georgia, where I have been residing ever since. I want to know if we are considered “legally separated” due to the amount of time that we’ve been living separately. And if so, can I file “no fault”?

  • Amanda Y.

    If I had an affair and my husband found out about it and now wants to hurt me by trying to take our daughter, does he have a higher chance of winning that battle?

  • concernedmom

    I live in the state of Georgia, I was married to my ex husband whom I have 2 children with. We have been divorced for 6 years. The ages are now 8 and 21. When we divorced there ages where 2 and 14… We divorced due to mental and phyical abuse to me and mental abuse to my 15 year daughter.and he got hooked on drugs and did not work most of the time. I would say out of the 13 years we where married he may of work 2 years total out of about 5/6 differant jobs. Because he would get a job and quit it after about 2/3 mouths I have sinced then remarried and have a daughter with my current husband. MY QUESTION IS THIS: My ex husband now lives with is mother for 6 years and I just found out by him that he has filed for disability due to some issue that he has such as: ( HIGH BLOOD PREASURE; GOUT;DIABETIC AND BOTH OF HIS ANKCLES HAVE BEEN EXTREMLY BROKEN AND HE NEVER GOT EITHER ONE FIXED SO SOMETIMES HE CAN NOT EVEN WALK ON EITHER AND THERES OTHER HEATH ISSUE) I have never not one time out of the 6 years that we have been divorced received child support, so he was telling me that he filed for disabilty and the he would give or start giving me child support from that but it would only be like 30.00 a mouth b/c if he get approved he would not get much his is sure of. SO I told him that I knew for a fact that if he was arroved then our son who is 8 would get his own check, so he would not have to give me that. It has been 4mo. since we have had this conversation and I just found out by him b/c I asked what ever became of that and he told me he had to go through all the process and he is thinking that he should hear some by the end of this mouth (May,2012) but I was never asked by him our 8 years olds SS# nor my address so a check could be mailed to here… when I told him that our son should get a check when he first brought it up 4mo.ago he said that he was not sure about that and I said I was b/c I know someone that her husband get disabilty and both of her children get a check and it is wrote out them and there ages are 10,7.. he said nothing that he would let me know when he heard something.SoI am concern that he is going to get 2 CHECKS one being his and the other that is suppose to go to my son and only give me 35.00 / 50.00 a mouth and try to make me believe that he only gets 1 check. IS THERE A WAY FOR ME TO FIND OUT (1.) IF HE HAS BEEN ARROVED? (2.) IF HE GOT RETRO PAY FOR HIM AND MY SON? (3.) IF HE IS GETTING IT AND HOW MANY CHECKS IS HE GETTING? (4.) WOULD I EVEN GET A CHECK FOR MY SON AND IF SO WOULD IT COME TO ME OR WOULD IT GO TO HIM? Sorry for this being so long but I want to get the right information and by me doing that I felt like I need to write the whole issue and why we divorce. THANKS SO MUCH FOR YOUR HELP!!!!