If divorce may be in your future this year, it’s smart to learn as much as possible about how the process works in Georgia. A good place to start is the state’s requirements for filing for divorce.
First, Georgia law requires legal residence in the state for at least six months before filing for divorce. Further, a judge can’t issue a final divorce decree for at least 30 days from the time the non-filing spouse is served with divorce papers. That’s a short waiting period (often known as a “cooling off” period) compared to many other states.
Contested or non-contested?
Even relatively straightforward divorces often take longer than 30 days to complete. It all depends on whether spouses can negotiate property division, spousal support (alimony) and child custody and support agreements. If couples can reach agreements on these key issues, that’s known as an uncontested divorce. If they can’t agree on one or more of these things and need a judge to decide, that’s considered a contested divorce.
Being able to work out agreements (with the input of both spouses’ legal representatives) and then only needing the sign-off of a judge gives couples the best chance of getting agreements that work for both of them. It’s important to know, however, what the law says to minimize the risk of not getting a sign-off. For example, Georgia law assumes it’s best for parents to have time with and responsibility for their children unless there’s a reason why that wouldn’t be in their best interests.
Fault or no-fault?
Georgia, like other states, has a “no-fault” option. It’s referred to as “irreconcilable differences” or “irretrievable breakdown of the marriage.” While “no-fault” marriage is facing growing opposition, especially here in the South, it allows spouses to part ways without accusations of bad behavior (like adultery, violence or desertion) or serious personal issues like substance abuse or mental illness that could harm their relationship with their children or even their reputation.
Citing fault generally requires providing evidence. Unless it’s something that can and should affect child custody or other agreements, it’s important to decide whether this approach is worth it.
This is just a brief discussion of the divorce process and relevant laws in Georgia. By getting legal guidance as soon as possible, you can seek personalized feedback designed to make things go as smoothly as possible while protecting your rights and your future.