Georgia Divorce Laws Explained
Georgia Residency Requirements For Divorce
The petitioner must have lived in the state for six months before the Georgia divorce forms are filed. Then, after the 60 day waiting period, a divorce may be granted.
Grounds For Divorce In Georgia
Georgia recognizes both fault and no-fault grounds for divorce.
The no-fault grounds divorce in Georgia is:
- irretrievable breakdown of the marriage.
The fault grounds for divorce in Georgia include, but are not limited to:
- drunkenness/substance abuse;
- separation caused by mental illness;
- cruel and inhuman treatment.
Georgia Child Custody
Georgia divorce courts and parents may decide on sole or joint custody agreements. Sole custody gives a parent the right to participate in decision making involving the children, while physical custody outlines which house the children will reside in. Georgia divorce courts make ruling with the best interests of the child in mind.
When ruling on child custody, Georgia divorce courts will consider factors including, but not limited to:
- age and sex of the child;
- compatibility with each parent;
- ability of each parent to care for and nurture the child.
Georgia Child Support Guidelines
Unless special circumstances are present, the courts calculate child support based on the official child support guidelines. Child support will continue until the child reaches adulthood, and may be extended through his or her secondary education.
Georgia divorce papers may be filed in the respondent’s county of residence, or in the petitioner’s county of residence.
Either party may file a motion requesting mediation of their disputed issues before or after the Georgia divorce forms are filed so they may proceed in court on an uncontested basis.