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Additional Divorce Information >>
The Legal Grounds for a Divorce in Atlanta Georgia
Under Georgia divorce law, there are thirteen grounds a divorce can be filed on, with one being a no-fault ground for a marriage being irreconcilably broken and the other twelve being fault grounds. To seek an uncontested or no-fault divorce, one party must reject living with the other spouse and deem the marriage is irretrievably broken. To seek a contested divorce based or fault grounds, the person seeking the divorce must prove that at least one of the spouses in the marriage has committed a wrongdoing. Our Georgia divorce lawyers and family law attorneys have over a decade of experience with complex and routine domestic litigation and uncontested cases.
To obtain a Georgia divorce, there is a residence requirement where one spouse must have lived in Georgia for six months or Georgia must have been the most recent domicile of the matrimony. Before a divorce can be filed, the couple must be considered legally separated, which means no longer engaging in sexual relations and at the minimum having separate bedrooms if still living in the same residence. One can file for a divorce by submitting a complaint in the Superior Court of the county the defendant currently resides.
Summary of the Requirements for Obtaining a Divorce in Atlanta Georgia
- You must live in Georgia for six (6) months before you are legally entitled to file for divorce in the state. Non-residents can file against a resident who meets these guidelines. If you do not yet meet the residency requirements for a divorce, you can file for a legal separation and then file for a divorce later.
- You may represent yourself in the divorce, but hiring a professional will greatly aid you in shortening the process and having a more effective argument. For these reasons, hiring an experienced divorce and family law attorney could even reduce your legal fees.
- A Georgia uncontested divorce or no-fault divorce means that your marriage is “irretrievably broken” and there is no hope of you and your spouse getting back together. You must be living separately at the time, but do not need to list a specific wrongdoing on part of your spouse.
- A Georgia contested divorce has to be based on one of the twelve (12) fault grounds outlined under Georgia law. A contested divorce has to be filed when the two parties cannot agree on all the terms required to obtain an uncontested divorce.
- A divorce is not required for a “separate maintenance” order; or what is commonly referred to as a “legal separation”. Such an order covers custody, alimony, child support and can also cover asset division, debt division and more complex property rights issues.
- If your spouse is abusive, tell your lawyer or the court about your situation. You can ask the court to order the abuser to stay away from you, and making the court aware of this is important because it could affect the court’s decision in respect to custody, visitation and alimony.
- An annulment occurs when a court declares your marriage legally invalid. It may not be granted in cases where a child was born of the marriage. If it is granted, it returns the parties to their original status before marriage.
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Atlanta Georgia |
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Cumming Georgia The Avenue Forsyth 410 Peachtree Parkway Building 400, Suite 4245 Cumming, GA 30041 Phone: 770-408-0477 | Map |
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Duluth Georgia Sugarloaf 2180 Satellite Boulevard Suite 400 Duluth, GA 30097 Phone: 770-609-1247 | Map |
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