Georgia Divorce Requirements

georgia divorce requirementsLike all the other states in the country, Georgia has a specific set of requirements for getting a divorce. One of the  following 13 grounds for divorce must exist before a divorce proceeding is filed:

  • The marriage is irretrievably broken
  • Intermarriage by people within the prohibited degrees of kinship
  • Mental incapacity at the time of the marriage
  • Impotency at the time of the marriage
  • Force, menace, duress or fraud in obtaining the marriage
  • Pregnancy of the wife by a man other than the husband at the time of the marriage (and unknown to the husband)
  • Adultery during the marriage
  • Desertion
  • The conviction of a crime of moral turpitude that results in a prison sentence of two years or longer
  • Habitual intoxication
  • Cruel treatment
  • Incurable mental illness
  • Habitual drug addiction

For a couple to divorce in Georgia, at least one party must be a resident of the state for at least six (6) months and must be the one who files for divorce. If the non-fling spouse lives outside the state of Georgia, he or she must agree to submit to the jurisdiction of the State of Georgia otherwise, the divorce must be filed in the state where the non-filing spouse resides. If the non-filing spouse lives in Georgia, the divorce action must be filed in the county  where the non-filing spouse’s resides.

Waiting Period
If the divorcing couple has marital relations within thirty (30) days of a divorce filing, the filing will be dismissed and cannot be refiled until thirty (30) days passes without the occurrence of marital relations. The occurrence of marital relations during the course of a pending divorce invalidates the divorce proceeding and the couple must dismiss the proceeding and refile the divorce action after the passage of thirty (30) from the last act of martial relations.   This is the case even if both parties agree that they want to end the marriage.

Requirements for No-Fault Divorces (Irretrievably Broken)

The most common type of divorce in Georgia is one that follows no-fault rules based on the grounds that the marriage is irretrievably broken. Generally, this indicates that the termination of the marriage is not the result of either party.  The other 12 grounds for divorce require proof and the presentation of evidence which requires a longer process in court’s determination of  the basis for divorce and may effect an award of alimony, the  division of property, child custody and child support.

In a no-fault divorce, the only requirement is for either party to state generally that the marriage is irretrievably broken and that there is no chance of reconciliation.  This can be done by testimony in court or written in the divorce filing.

If you are a resident of Georgia who wants to get a divorce, you need to contact the Fuller Law Group. You will be able to discuss your case with a skilled and results driven Fulton County divorce lawyer. The Fuller Law Group is on your side. Contact the Fuller Law Group and schedule a consultation at your earliest convenience.