Frequently Asked Questions About Divorce In Georgia

What are the permissible reasons for a divorce?

There are several different allowable grounds for divorce in Georgia. When the marriage is irretrievably broken, a divorce may be granted on a "no fault" ground. A "no fault" divorce occurs when there is no hope of reconciliation between the spouses. If one spouse is a "wrong-doer," this fact will be irrelevant as to the issue of divorce, itself. The other grounds for divorce are based in fault. 

What are the fault grounds for divorce?

Some other remaining fault-based grounds for divorce are:

1. Adultery;
2. Desertion for over one year;
3. Cruel treatment;
4. Habitual Intoxication; 
5. Insanity; and
6. One party is a felon with greater than a two year sentence. 

To annul a marriage, there are more grounds such as incurable impotence or incapacity. 

What is the residence requirement for getting a divorce in Georgia?

Each state can have a different residency requirement, but a spouse must have lived in Georgia for at least 6 months. 

What should I do if want to file for a divorce or if I have received a complaint for a divorce? 

You should consult our offices to determine what the legal consequences will be and what legal rights you may have. 

To file for a divorce, you will need to have our office file a complaint in Superior Court in the Defendant's county of residence. If the Defendant has recently moved from your marital domicile, you may be able to file in the county of your residence, as such a location may be considered the proper jurisdictional county of marital domicile. 

If you have received the complaint for divorce, you must file an answer to this complaint within 30 days. If you do not file an answer, the right to contest the complaint may be lost. 

How long does a divorce take?

If the husband and wife agree on all the terms of their divorce (an uncontested divorce), it can run more smoothly and can be more cost effective for the parties. When both parties are in agreement as to every issue in the case, this is an uncontested divorce which can be granted as soon as 31 days after the defendant has acknowledged service or been served with the complaint. If the divorce is contested (when the parties disagree on any matter), the divorce may be granted when the parties go to court. This process can take a number of months, and will be more costly than an uncontested divorce. 

Are there any specific requirements for a divorce in Georgia or in Atlanta?

Most metro-Atlanta counties require attendance at a seminar for divorcing parents by both parents to a divorce in which children are involved, regardless of whether the divorce is contested or uncontested. Sometimes a waiver may be obtained. Many metropolitan counties now also require mandatory mediation to take place between the husband and wife prior to being heard in court for trial.  

If my divorce is uncontested, do I still need a lawyer? 

Very highly recommended. An attorney can ensure that every detail is attended to and resolved. By proceeding without an attorney, you may save some money in the short run, but in the long run, you could make one of many extremely costly mistakes. Especially when children are involved, one should employ an attorney to make sure all potential problems are resolved in the best manner possible. We have much experience in the area of divorce and can be of great service to anyone with domestic relations needs.