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Georgia Divorce Information

The following information is to provide a basic understanding of the various aspects of divorce in the State of Georgia.

You can get more specific information regarding Georgia divorce laws using the links provided to Georgia divorce laws or at your local library.

This information is provided for informational purposes only and does not constitute legal advice. Before taking any action you should seek the advice of an attorney familiar with the laws in the state in which you will be seeking a divorce.

Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.

Georgia Divorce Resources

Residency Requirements 6 months
Where to File The county in which the Petitioner resides.
The county the Respondent resides if Petitioner lives out of state.
Grounds for Divorce
  • Marriage is irretrievably broken
  • Adultery
  • Desertion
  • Mental or physical cruel treatment
  • Marriage between persons who are too closely related
  • Mental incapacity at the time of marriage
  • Impotency at the time of marriage
  • Force or fraud in obtaining the marriage
  • Pregnancy of the wife unknown to the husband at the time of the marriage
  • Conviction and imprisonment for certain crimes
  • Habitual intoxication or drug addiction
  • Mental illness.
Voluntary or required mediation No
Voluntary or recommended CounselingNo
Property Distribution Marital property is all property acquired during the marriage, except for that property received by gift from a third party or by inheritance. Each spouse is entitled to an equitable share of all marital property acquired during the marriage. The judge or jury will decide on the division of marital property. Marital property will be divided equitably (not necessarily equally) between the parties regardless of how the title to the property is held. There is no set formula or percentage amount used to divide marital property.
Child Custody The court hearing the issue of custody, in exercise of its sound discretion, may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child or children should be awarded. The duty of the court in all such cases shall be to exercise its discretion to look to and determine solely what is for the best interest of the child or children and what will best promote their welfare and happiness and to make its award accordingly.

Uniform Child Custody Act: 1978
Is Joint Custody awarded? YES
Do Grandparents Have the Right to Visitation? YES
Are Child's Wishes Considered? YES, as long as they are age 14
Child Support It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as otherwise authorized and ordered pursuant to subsection (e) of Code Section 19-6-15 and except to the extent that the duty of the parents is otherwise or further defined by court order. The amount of the obligor's child support obligation shall be determined by multiplying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined.
Spousal Support The court may grant alimony to either the husband or the wife. Alimony may be for a limited period of time or until the spouse receiving alimony dies or remarries. Alimony can be paid in one payment of money or property, or it may be paid over a period of time. A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court.

Georgia Divorce Attorneys by County

Georgia Divorce Mediators by County

This information has been compiled directly from the most recently available statutes online for each state. Every effort has been made to assure that this information is correct and complete. Be aware that laws frequently change. Do not take any action based on this information without first consulting an attorney to be certain that the laws pertaining to your particular situation have not changed.

The language used in most cases on this page is legal terminology taken directly from the statutes and laws of each state. The terminology is not always easy to understand. If you are not sure of something you should consult an attorney so that you can fully understand the meaning of the laws.

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Do not take any actions based upon the information contained within this web site without first consulting an attorney or an appropriate professional depending upon the content of the information.