If the state of your marriage has gotten to the point where a divorce seems to be the only viable option, you need to be aware of some basic facts surrounding Georgia’s divorce laws. Always keep in mind that divorce is a legal proceeding and as such must be done in accordance with Georgia law.
FindLaw explains that to begin with, you should take note of the following three requirements:
- Grounds
- Residency
- Waiting period
Grounds
Georgia does not require you to state specific grounds in your divorce petition. You can obtain a no-fault divorce by alleging only that your marriage has suffered an irretrievable breakdown; i.e., that you and your spouse have substantial incompatibilities that you likely can never resolve. However, Georgia law gives you the option of alleging one or more of the following faults:
- Adultery
- Violence or cruelty
- Alcohol or drug addiction
- Continued desertion for one year or more
- Conviction of a crime for which your spouse received a sentence of at least two years
- Insanity or mental incapacity
Additional grounds also exist, and you should fully discuss your situation with your attorney.
Residency
To file for divorce, you must have been a resident of Georgia for at least six months preceeding the date on which you file. You should file your petition in Superior Court of the county in which your spouse lives. If (s)he currently lives in a state other than Georgia, discuss with your attorney where and how you should file your divorce.
Waiting period
For no-fault divorces, Georgia law requires a 30-day waiting period from the date of filing to the date of entering the divorce decree. Should you allege one or more faults, however, you may be able to obtain your divorce immediately.
This is general educational information and not intended to provide legal advice.
