- Filing for a Georgia Divorce - Jonathunder
Every year, thousands of people file for divorce in Georgia. If both spouses are in agreement about all the major issues in the marriage - to include child custody and support and property and debt division – then a good deal of time and money can be saved by preparing, filing and finalizing the divorce without using an attorney.
The State Bar of Georgia publishes a helpful Divorce Pamphlet that gives a good overview of the state’s basic divorce laws and answers some of the common questions that people have when filing for divorce. Additionally, most of the counties in the metro Atlanta area have detailed divorce packages and instructions about how to fill them out available online for the public to use to prepare their own divorce documents.
All of the documents discussed in this article can be found at the link listed above.
Residency and Grounds for Divorce in Georgia
Most uncontested divorces are filed under the state’s “no-fault” ground. According to the State Bar of Georgia, this means that neither party has to show that the other party did anything wrong. Both parties simply agree that the marriage is “irretrievably broken.”
A person must have lived in the state of Georgia for at least 6 months before filing for divorce there. The divorce must be filed in the Superior Court of the county where the person lives. There are 159 counties in Georgia. If the divorce is uncontested, it is okay if one of the parties does not live in Georgia because the non-resident can agree to the case the being filed in Georgia.
Two people can file for divorce even if they live at the same address as long as they are separate “legally.” According to the Bar pamphlet, this means that the Husband and Wife no longer share a room or a sexual relationship.
Property, Debt and Alimony Issues in Georgia Divorce
In an uncontested divorce, both people reach their own decisions regarding how to divide the marital property and debt, as well as if alimony will be paid. Once these decisions are made, the information is presented to the court in a Settlement Agreement. This document tells the court that the parties have settled all of these issues.
When the Judge signs a Final Decree granting the divorce, this Settlement Agreement becomes part of his order. A divorce filed in Georgia can be signed and finalized by a Judge 31 days after it is filed. Before granting the divorce, most Judges require the person who filed, also known as the Petitioner, to come into the court for a short Final Hearing.
Child Custody and Child Support in Georgia Divorce
According to the State Bar of Georgia, there are two types of custody in Georgia – legal and physical. Most judges prefer that divorcing parents share joint legal custody of their child and work together to make decisions for the child. Physical custody can be joint or it can be arranged where one parent is the primary physical custodial parent and the other parent has visitation.
One of the documents that must be filed in an uncontested Georgia divorce is called a Proposed Parenting Plan. In this Plan, the Husband and Wife detail how physical parenting time will be split – when the child will live with each parent to include holidays, vacations and school breaks. This Plan will become part of the Final Order when the divorce is finalized.
In Georgia, child support is considered the right of the child and not the option of the parents. Child Support is based on a formula which takes several factors into account to include the number of children, the salaries of both parents and additional expenses that each parent contributes towards the child’s well-being.
Child support worksheets must be filled out and filed with any case that involves children. These forms can be accessed and completed at the Georgia Child Support Commission’s website. If the parents decide to deviate from the number that is calculated on the Child Support Worksheet, they will need to explain to the Judge how this deviation is in the child’s best interest.
For more information about divorce in Georgia, please read Georgia Divorce and Child Custody Laws, Filing and Finalizing a Georgia Divorce and Child Support Laws in Georgia: Who Pays What?
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
