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.

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