Divorce

Every divorce presents unique circumstances. It is imperative to have a lawyer who understands both the legal process and the need of the individual client. There are a wide variety of issues to be addressed in each divorce case including Property Division, Alimony, Child Custody and Child Support.

FAQs

How long does it take to get a divorce?

The length of time to get a divorce finalized can vary greatly depending on the circumstances. If you and your spouse reach an agreement on all of the issues to be resolved and file all of the necessary paperwork with the Court you can be divorced 31 days after the filing. A contested case can take substantially longer to resolve.

How long do I have to be separated before I file for divorce?

Georgia law provides that you are legally separated when you are no longer in engaged in marital relations. You and your spouse may still be living in the same house and be legally separated. In order to file for divorce you must be able to state that you are legally separated on the date that you file.

Do I have to live in Georgia to file for divorce in Georgia?

One of the spouses in a divorce case in Georgia must have lived in Georgia for at least six (6) months prior to filing a divorce action.

What are the Grounds for Divorce in Georgia?

Georgia law provides a number of grounds for divorce. Many divorces are granted on the grounds that the marriage is irretrievably broken which is a no fault ground. Some of the fault grounds for divorce are:

  • Cruel treatment consisting of willful infliction of pain, bodily or emotional, by one party upon the other, which reasonably justifies fear or danger to life, limb, or health.
  • Adultery by either of the parties after marriage.
  • Habitual intoxication
  • Habitual mental illness
  • The conviction of either party for an offense involving moral turpitude, for which he or she is sentenced to imprisonment for two years or longer.
  • Willful and continued desertion by either of the parties for a period of one year

Do I have to go to court?

If all of the issues related to the divorce are resolved by agreement usually only one of the parties will have to make a brief appearance in court. Some judges will allow the divorce to be finalized by motion without the parties appearing in court.

Do I have to attend a class?

If you have children you will be required to attend a seminar for divorcing parents. Most of the classes are approximately four hours long. You do not have to attend with your spouse.

Is there a waiting period for a divorce in Georgia?

No. If you and your spouse reach an agreement on all of the issues to be resolved and file all of the necessary paperwork with the Court you can be divorced 31 days after the filing.