No matter which state you live in, divorce can be a hard time for you. If you want to break free from your marriage in the state of Georgia, then you’re welcome to check this article to find answers to all the questions on legal separation that you might have.
In the state of Georgia, divorce laws set certain requirements and conditions for those seeking legal separation. For instance, divorce law in Georgia does not allow filing for separation unless the plaintiff (the spouse who initiates the legal process) is a state resident. That means they must have lived there for at least 6 months; moving to Georgia and filing your case the very next day is not allowed by divorce laws in Georgia. However, if your spouse has resided in the state for at least half a year, then you are allowed to file for a divorce here.
Another interesting legal fact is that in the state of GA, divorce laws do not allow judges to grant divorce immediately. When talking about divorce in Georgia, laws are pretty much the same as in other states and they were adopted in a way to help the couples change their minds before initiating a legal procedure. However, everyone understands that disagreements are part of of living together, and therefore, the spouses should be given a chance to calm down and perhaps reconsider their decision. That is why the divorce law of Georgia states that the court should only be able to grant a divorce 30 days after the documents for the process have been sent to the defendant. Even if both spouses confirm their desire to separate before that time, one month is the least amount of time they have to wait
And finally, you need to know that even though according to Georgia marriage laws divorce can be granted on a fault and no-fault basis, the latter is much faster and cheaper. That is why even if you have all the evidence of your partner’s fault, the option of a no-fault divorce will save you lots of money and difficult emotions.
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As we have already mentioned, there are two ways for you to get divorced – either blaming your partner for your failed marriage (at-fault) or not (no-fault). In Georgia, grounds for divorce do not differ much from such grounds in other states. For example, one of the reasons for divorce in GA is the partner’s alcohol or substance addiction, and this exact same reason can be found in divorce laws all around the country. It is important to remember that Georgia divorce requirements state it is necessary for the partner to have evidence of their spouse’s wrong behavior. So, do not choose an at-fault separation unless you have evidence of your partner’s fault. Instead, go for no-fault and explain to the court that the differences in your and your partner’s world views and important matters are too drastic and will never be resolved. Case closed!
Many people wonder if adultery has any impact on the divorce process and the judge’s decision. It certainly may influence a lot; however, it is rather risky to base your divorce case on your partner’s infidelity. The problem is that according to Georgia divorce law, adultery must be proved beyond a doubt. So unless you have enough sufficient evidence, the judge might not find your case eligible for divorce on this ground.
According to Georgia divorce law, alimony is financial support paid by one spouse to another. There are different types of such support in the state of Georgia; one may be temporary and paid only while the actual divorce process is taking place, and a different kind might last until one of the partners dies. The court decides on the duration of the payments and on their frequency. While granting alimony, the judge considers different factors that influence the amount of money the spouse gets. It is important to remember that in Georgia divorce laws, abandonment or infidelity may result in zero alimony.
Another important matter most spouses worry about is division of property. According to Georgia divorce laws, property division should be equitable. Keep in mind that equitable means fair and not equal, which allows the judge to divide the property as they see fit and not directly in half. When deciding on asset division, the court normally considers various factors, such as the spouses’ health condition, financial status, contribution to their life together, etc.
We have previously mentioned some of the requirements for a successful divorce process in Georgia. However, there is more you need to know if you are a resident of Georgia. The divorce process might take more or less time depending on whether you are going for the contested or uncontested option. The latter is for when you and your ex came to an agreement about all important matters and there is no fighting. In the GA divorce process, the presence of an attorney is not required; however, if you and your ex cannot come to terms and you have to go for a contested divorce, having a lawyer help you out might save you from a lot of drama. And of course, there is no legal process that does not involve filling in a number of documents, which can be rather tricky. If you are afraid of getting confused and wasting your time and money, our service can help fill in all the forms.