Filing For Divorce in Georgia? Here's What You Should Know

Filing for divorce is a major decision that can be both emotionally and financially draining. If you are considering filing for divorce in Georgia, there are several important things that you need to know before taking any legal action. In this blog post, we will discuss some of the key considerations that you should keep in mind when filing for divorce in Georgia.

Grounds for divorce

Georgia recognizes both fault-based and no-fault divorces. In a fault-based divorce, one party must prove that the other party engaged in some type of misconduct, such as adultery, abandonment, or cruelty. In a no-fault divorce, however, neither party is required to prove any wrongdoing. Instead, one party simply needs to assert that the marriage is irretrievably broken.

Residency requirements

In order to file for divorce in Georgia, at least one spouse must have been a resident of the state for at least six months prior to filing. If you have recently moved to Georgia and do not meet this requirement, you may need to wait before filing for divorce.

Property division

Georgia is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, in the event of a divorce. This includes all assets and debts that were acquired during the marriage. Property that was acquired before the marriage or through inheritance or gift is typically considered separate property and is not subject to division.

Child custody and support

If you have children, you will need to develop a plan for child custody and support as part of your divorce proceedings. Georgia courts use the best interests of the child standard when making custody determinations. Child support is determined based on a variety of factors, including the income of both parents and the child's needs.

Hiring an attorney

Finally, it is important to hire an experienced divorce attorney to represent you throughout the divorce process. Your attorney can help you understand your legal rights and obligations, negotiate a fair settlement, and advocate on your behalf in court if necessary.

In conclusion, filing for divorce in Georgia is a complex process that requires careful consideration and planning. By understanding these key considerations, you can make informed decisions and work towards achieving a favorable outcome.

Bonus Tip #1 Divorce is not a game. There is not win-win or lose-lose situation. It is a redefining of what your relationship looks like whether it is ending or if it will shift to a co-parenting situation.