Getting a Divorce in Georgia

No-fault divorce in Georgia

To move forward with a divorce in Georgia, you are not required to give any specific reason or grounds, such as adultery or mental illness. You will simply need to claim that the marriage has been "irretrievably broken," as Georgia is a no-fault divorce state.

To file for divorce in Georgia, you will need to have been a resident of the state for a minimum of six months. Even if your divorce is free of contention, Georgia courts are prohibited from granting divorces until a minimum of 31 days have passed since your divorce petition was served.

"Irretrievably broken" is the legal standard for a no-fault divorce in Georgia — it means the marriage cannot be repaired, and no further reason or blame needs to be shown for the court to proceed.

Legal separation vs. separate maintenance

In a legal separation, married couples live their lives separately but remain married. The state of Georgia does not recognize formal legal separation. Instead, you can file a petition for separate maintenance. Here, you will remain married to your spouse until your divorce is finalized.

With a separate maintenance decree, you can work out many of the terms of an eventual divorce settlement. This could include child support, child custody, alimony, and the division of your marital assets.

Some benefits of separate maintenance include the opportunity to continue collecting spousal health insurance benefits, continue using joint finances, and even continue receiving the tax breaks married couples receive during tax season.

Contested vs. uncontested divorce

Your divorce will go more smoothly if it is uncontested. If both spouses can agree to the terms of your divorce settlement, this will be the least expensive and quickest way to dissolve your marriage. If both spouses cannot agree, the divorce could become contested — which may make it more difficult to resolve, and more costly.

Uncontested — you both agree

If both spouses can agree to the terms of the settlement, this is the least expensive and quickest way to dissolve a marriage.

Contested — you cannot agree

If both spouses cannot agree to the terms of the settlement, the divorce could become contested, which may make it more difficult to resolve — and more costly.

Georgia asset and debt division

When spouses are ending their marriage, one of the largest points of contention is the division of their marital property. Debt and asset division in a Georgia divorce is based on equitable division. This means assets and debts will be divided fairly, not evenly.

Generally, any assets or debts brought into the marriage may be considered separate property and will not be considered part of the divorce settlement. This could include high-value items such as expensive art or collectibles, an inheritance, or student loan debt.

Assets and debts that may be considered

• TRS's
• Pensions and 401(k)s
• Business ownership
• Real estate holdings
• Investment accounts
• Stock options
• Savings accounts
• Trust assets
• Retirement accounts
• Inheritances

Child custody in Georgia

When parents share minor children, it is common for issues regarding physical and legal custody, visitation, and parenting time to arise. Under Georgia law, there are two primary types of custody — physical custody and legal custody.

In sole physical custody agreements, one parent will retain primary physical custody, while the other will receive visitation rights with the child. In joint physical custody arrangements, the child will reside with each parent approximately equally.

Physical custody

Physical custody concerns the amount of time each parent spends with the child. The parent with more time is the custodial parent, or primary physical custodian; the parent with less time is the non-custodial parent, or secondary physical custodian.

Legal custody

Legal custody is a parent's right to make major decisions regarding their child's upbringing. This includes educational and religious decisions, medical choices, and more.

Alimony in Georgia

When a couple is divorcing, one spouse may assume that they have the right to alimony. However, alimony is not necessarily a guarantee in any divorce. Under Georgia Code Title 19, the court can award temporary alimony or permanent alimony.

Temporary alimony

Temporary alimony may be awarded where a lesser-earning spouse requires financial support for the duration of the pending divorce — allowing them to maintain their standard of living and hire legal representation while the divorce is pending.

Permanent alimony

A number of factors are taken into account when the courts decide whether alimony should be awarded, and the amount of alimony, in your Georgia divorce.

Factors the court may consider

• How long a couple was married
• The couple's standard of living while married
• Both spouses' incomes and expenses
• Both spouses' physical and mental health
• The age of each spouse
• Marital contributions — child rearing, career building, and financial contributions
• Both spouses' earning capacities

Additionally, despite the fact that Georgia is a no-fault state for divorce purposes, courts may consider whether one spouse has been a victim of marital misconduct, such as adultery or desertion, when determining whether permanent alimony should be awarded.

Georgia child support laws

Both parents are required to support their children financially, no matter what their relationship status is. The state of Georgia uses the "Income Shares Model" under Georgia Code Title 19 to determine how much child support should be paid each month.

The calculator estimates the amount of money parents would spend collectively on a child and then divides this number proportionately based on each parent's income.

The Georgia Child Support Commission has worksheets that can give you a better idea of what child support payments may be ordered in your case. Generally, the non-custodial parent will be required to pay child support to the custodial parent, and the higher-income parent will be required to pay the lesser-income parent if parenting time is equal.

Income taken into account

• Self-employment wages
• Salary
• Income from dividends
• Overtime pay
• Unemployment insurance benefits
• Military pensions
• Income from trusts
• Tips and commissions

Only non-custodial parents can be required to pay child support under Georgia law, as the courts find the custodial parent's financial contributions will go directly to supporting their child.

Prenuptial and postnuptial agreements

No one wants to have a conversation with their prospective spouse about obtaining a prenuptial or postnuptial agreement. Although not romantic, such agreements are necessary given the 50% divorce rate across the country.

Entered before or after marriage, these agreements work out the terms in advance — so neither spouse is at risk of being taken advantage of should the marriage end.

Prenuptial — before marriage

Both spouses should take steps to protect themselves before marriage by entering a premarital or prenuptial agreement.

Postnuptial — after marriage

If you have already wed without a prenuptial agreement, an antenuptial or postnuptial agreement can work out the terms of a potential divorce in advance.

How to resolve points of contention

It is not uncommon for families to find themselves unable to come to an agreement regarding specific points of contention — such as child custody, division of marital property and debts, alimony, child support, and more.

If you hope to resolve these issues without going to court, mediation offers an alternative: a neutral third party will listen to both spouses and attempt to get both parties to resolve their areas of disagreement.

Violations of family court orders

Anyone found in violation of a Georgia family court order is at risk of being found in civil or criminal contempt. Generally, family law cases can result in civil contempt. Here, the court will find that a defendant has willfully refused to comply with the Georgia family court order. Some of the more common reasons you may be found in contempt include:

• Failing to sign property transfer documents
• Failure to pay attorney fees as court-ordered
• Failure to allow access to property or surrender property by court order
• Failure to adhere to child custody and visitation court orders
• Failure to adhere to child support court orders
• Failure to make alimony payments as ordered by the court
• Failure to provide a minor child with healthcare benefits as ordered by the court