Last updated on April 8, 2021
Before being married in Georgia, there are several legal requirements a couple must be sure to meet. Just as there are legal requirements for marriage, there are legal requirements that must be met for a couple to get a divorce.
If you are considering seeking divorce, it may be helpful to understand the requirements you will need to meet to legally do so. An understanding of these requirements can help you make choices that could impact the outcome of your divorce.
Residency
To get a divorce in Georgia, your situation must meet the residency requirement. This means that either you or your spouse must have been a Georgia resident for at least six months before you file the petition for divorce.
Grounds
The other requirement you must meet involves having a legally valid reason to end your marriage. These legally valid reasons are called grounds, and Georgia recognizes 13 different grounds for divorce.
Most of the grounds for divorce are fault-based. Using a fault-based ground means that your spouse caused the need for divorce. However, you must be able to provide proof for whatever fault you choose or your petition for divorce may be denied.
You can also get a divorce without blaming your spouse. To do this, you can use the ground that the marriage is irretrievably broken. This ground requires at least 30 days between the time your spouse is served the divorce papers and the time the divorce is finalized, but your spouse usually cannot refuse the divorce.
Having a full understanding of the legal requirements for divorce can be helpful to have before you ask your spouse for divorce. Every divorcing couple in Georgia must meet the residency requirement. However, your unique situation should influence the ground you choose, which could have a lasting impact on the outcome of your divorce.
