Last updated on July 23, 2021
In Georgia, when a couple decides to divorce, it is undoubtedly a challenging time with much to think about. That often includes spousal support, child custody, child support and property division. The legal requirements for the divorce itself might not be foremost on their minds, but it is still important to understand the basics. Whether the case is relatively amicable, is outright acrimonious or is anywhere in between, it is wise to know what must be done.
The legal basics of getting a divorce in Georgia
In Georgia, there are fundamental aspects to a divorce. There is the no-fault divorce law. This means that the couple can simply say they have irreconcilable differences and be allowed to divorce. Still, if there are other issues that led to the divorce, they can also be referenced. These grounds include violence, cruelty, adultery, addiction, impotency, a spouse being mentally incapacitated or deserting the other for a minimum of one year. Being convicted of a crime and sentenced to jail for at least two years, committing fraud to get the other person to agree to marry and relatives having gotten married are also grounds.
Residency requirements will be part of the process. One of the parties who is divorcing must have been a resident for six months prior to filing in this type of family law petition. There will be a 30-day waiting period if the grounds for filing is that there is an irretrievable breakdown. If there is a specific reason given for the filing, then the decree will go into effect immediately.
To understand all aspects of a divorce, having advice is crucial
Divorces can happen for many reasons and to people of all ages and financial circumstances. The situation itself will dictate how to proceed. Still, the start of the case begins with following the state laws for getting a divorce. To address this and other potential challenges that will arise, having professional assistance is recommended.
