Separation and Divorce Laws in Georgia

Published on by Divorce and Divorce Statistics

Going through a divorce process is not at all an easy task or experience for any couple. US has witnessed the maximum number of divorce cases from past several years. However, it is to be noted that every state in the US has got its own laws and policies for conducting the overall divorce proceedings for the people. Divorce laws includes a definite set of rules and guidelines that provides legal permission to both the spouses to permanently end their marriage. Each state has got its separate laws for divorce. Similarly, even the state Georgia has got its own separate laws and policies for divorce procedure. Divorce laws are mainly decided on the basis of all possible marital issues that could be faced by the spouses. The general issues related to divorce are property distribution, child or spousal support, child custody, debt division, visitation schedule for non-custodial parent etc, that are resolved with the aid of various related professionals like divorce attorneys. Eventually, a fair decision is made by the judge of the court after consideration of the legal standards and policies of the concerning state.


Specific Divorce Laws in Georgia

The legal separation and divorce laws that are followed in this state includes specific conditions that are necessary to be fulfilled by the divorcing parties. Some of the crucial conditions are mentioned below:

  • Residency Requirements in Georgia: Before filing a petition for divorce in Georgia state, either of the two partners need to satisfy the residency requirement. The individual needs to be a resident of the state for at least six months.

  • Legal Separation Laws: During the time when both the partners start living separately before undergoing any legal process like divorce, either of two separated spouses can easily file for child support or alimony matters without waiting for the actual divorce proceedings to occur. The other party is also informed by the court and decisions are also declared in the same manner as in a divorce.


Points Regarding Legal grounds for Divorce

There are specific conditions that are taken into consideration while granting divorce in Georgia state. Some of the common conditions are stated below:

  • Mental inability at the time of getting married with the partner

  • Presence of any incurable disease in either of two partners

  • The case of adultery shown by either of two partners

  • Marriage between two close blood relations

  • The condition of excessive addiction shown by either of two spouses which is unavoidable

  • The pregnancy of the women by a man other than her own husband during the marriage is also one of the major grounds for divorce

  • The irretrievable broken state of the marriage said by either of two partners may directly result into divorce

  • Evidence against cruel treatment or behavior shown by the spouse can also be taken as one of the key grounds while filing for a divorce in the court.


Other important issues like child custody are resolved on the basis of the best interest of the child. Similarly, on the other side property is also divided on the basis of divorce laws and Georgia follows an equitable property distribution for division of property.

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