Understanding Divorce in Georgia: Your Essential Resource Page

Navigating through a divorce can be challenging, but understanding the laws and procedures in your state can make things a bit easier. This page offers a simple guide to divorce in Georgia, aiming to give you key information and direct you to more detailed resources.

Divorce Laws in Georgia

In Georgia, you can file for a no-fault divorce, which means no one has to be blamed for the marriage ending. You can also choose a fault-based divorce, citing reasons like adultery or cruelty. To file, you or your spouse must have lived in Georgia for at least six months. Unlike some states, Georgia does not have a mandatory waiting period before a divorce can be finalized, but the process usually takes at least 30 days.

Process of Filing for Divorce

To start a divorce in Georgia, you file a complaint with the Superior Court. You’ll need to fill out the right forms, which vary based on your situation. After filing, you must “serve” the papers to your spouse, officially letting them know about the divorce.

There are specific rules on how to do this correctly. If you and your spouse agree on the divorce terms, you can file an uncontested divorce, which is quicker and less complicated.

Get a more comprehensive overview of the process in our article, How to File For Divorce in Georgia.

Child Custody and Support

In Georgia, decisions about child custody are based on what’s best for the child. The court can grant joint or sole custody. They look at many factors, like each parent’s relationship with the child and the child’s needs. Child support in Georgia is calculated using a special formula. It considers both parents’ incomes, the number of children, and other expenses. This ensures the child’s financial needs are met after the divorce.

Alimony/Spousal Support

When it comes to alimony in Georgia, the court looks at several factors. These include each spouse’s financial resources, the length of the marriage, and the standard of living during the marriage. Alimony can be temporary or permanent, depending on the situation.

Property Division

Georgia uses an “equitable distribution” approach to divide marital property. This means the court divides property fairly, but not always equally. They consider factors like each spouse’s financial status and contributions to the marriage. This includes both financial contributions and things like caring for the home or children.

State Resources

For more detailed information about divorce in Georgia, check out these resources. You’ll find helpful links to family law courts, official government websites, and legal aid organizations that can guide you through the process.

How Much Does a Divorce Cost in Georgia

Georgia Legal Aid

Georgia Divorce Forms

Uncontested Divorce:

• Domestic Relations Case Filing Information Form: https://www.gsccca.org/file/civil-reporting-forms
• Petition for Divorce: https://www.georgialegalaid.org/resource/divorce-forms
• Final Judgment and Decree of Divorce: https://georgia.gov/file-divorce
• Property Settlement Agreement (Optional): https://eforms.com/marital-settlement-agreement/ga/
• Parenting Plan (If minor children): https://georgia.gov/file-child-custody

Contested Divorce:

• Domestic Relations Case Filing Information Form: https://www.gsccca.org/file/civil-reporting-forms
• Complaint for Divorce: https://www.georgialegalaid.org/issues/family-law-and-domestic-violence/marriage-and-divorce
• Answer and Counterclaim for Divorce: https://georgiacourts.gov/wp-content/uploads/2023/06/Answer-and-Counterclaim-for-Divorce-without-minor-children-Form.pdf
• Final Judgment and Decree of Divorce: https://georgia.gov/file-divorce
• Property Settlement Agreement (Optional): https://eforms.com/marital-settlement-agreement/ga/
• Parenting Plan (If minor children): https://georgia.gov/file-child-custody

Additional Forms:

• Affidavit of Service: https://www.georgialegalaid.org/issues/family-law-and-domestic-violence/marriage-and-divorce?channel=forms%2Dand%2Dtool%2Dkits
• Motion for Temporary Relief: https://georgiacourts.gov/judicial-council-standing-committee-on-access-to-justice/self-help-resources-highlighted-by-a2j/self-help-resources-family-law/georgia-divorce-videos-and-forms/
• Notice of Hearing: https://georgiacourts.gov/judicial-council-standing-committee-on-access-to-justice/self-help-resources-highlighted-by-a2j/self-help-resources-family-law/georgia-divorce-videos-and-forms/
• Waiver of Service: https://georgiacourts.gov/judicial-council-standing-committee-on-access-to-justice/self-help-resources-highlighted-by-a2j/self-help-resources-family-law/georgia-divorce-videos-and-forms/

Resources:

• Georgia Courts – Family Law Forms: https://www.georgialegalaid.org/resource/family-law-forms
• Georgia Legal Aid – Self Help Forms: https://www.georgialegalaid.org/issues/family-law-and-domestic-violence/marriage-and-divorce
• Your Guide to Georgia Divorce Forms: https://www.legalzoom.com/articles/your-guide-to-georgia-divorce-forms

Disclaimer

Please remember, this information serves as a general guide and not as legal advice. For advice specific to your situation, consider consulting a legal professional.