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What are the requirements for filing for a divorce in Georgia?

On Behalf of | Dec 10, 2019 | Divorce, Firm News |

There are several things you should know when you want to file for divorce in Georgia. According to the laws of Georgia, either you or your spouse should be a resident of the state for not less than six months. It is the resident spouse that should then file for divorce. Filing for divorce does not give you any benefits. First, before submitting your divorce papers, you need to agree with your spouse that it is the only step left.

The courts of Georgia will grant a divorce 30 days after you file your divorce papers. It does not matter if you and your spouse agree to divorce sooner; the courts do not want to start the divorce process only for you to reconcile. The time given allows you to make up your mind and determine what you want.

If you want to speed up the divorce process, you should file for a no-fault divorce. Filing for a fault-based divorce will require you to prove that there is justification in having the divorce. However, when you file for a no-fault divorce, you only need to show the courts that there are irreconcilable differences in your marriage. Therefore, both you and your spouse are not compatible and might not stay together.

When the courts prove there was misconduct on your part, you may face the consequences in the division of property or the reward of alimony. The laws of Georgia may not bar you from receiving your complete alimony, however, since Georgia is an equitable state, the amount of marital property you receive will be less due to the misconduct.

This information is only for educational purposes; you should not consider it as legal advice.