If you’re considering divorce in Georgia or have already started the process, you’re likely facing many questions which are frequently asked in a Georgia divorce. At Naggiar & Sarif Family Law, we regularly help clients understand their rights and obligations, and we know the importance of clear, straightforward answers. Below are some of the most frequently asked questions (FAQs) about divorce in Georgia and brief general answers. This is not legal advice since all cases and situations are different, but general information that may help you. As always, check with your lawyer or schedule a consultation with us to get answers that are specific to your situation.
1. How long do I have to live in Georgia to file for divorce? You or your spouse must have been a resident of Georgia for at least six months before filing for divorce in the state.
2. Do I have to prove fault to get a divorce in Georgia? No. Georgia allows for both “no-fault” and “fault-based” divorces. A no-fault divorce means the marriage is “irretrievably broken” with no hope of reconciliation.
3. What are the grounds for a fault-based divorce? There are several grounds, including adultery, desertion, cruel treatment, substance abuse, and criminal conviction. Fault grounds in a Georgia divorce can impact property division and alimony.
4. How long does the divorce process take? It varies. An uncontested divorce can be finalized in as little as 31 days. A contested divorce involving disputes over custody, support, or property may take months or longer.
5. How is property divided in a Georgia divorce? Georgia follows “equitable distribution” laws, meaning marital property is divided fairly but not necessarily equally. The court considers several factors, including each spouse’s contributions and financial circumstances.
6. Will I have to pay or receive alimony? Alimony isn’t guaranteed. It’s determined on a case-by-case basis, considering factors such as the length of the marriage, each party’s earning capacity, and the standard of living during the marriage. Click here to learn more about alimony in a Georgia divorce.
7. How is child custody decided? Custody is based on the best interests of the child. Courts consider factors like parental involvement, stability, and each parent’s ability to provide for the child. The Georgia statute on custody and the factors for the court’s consideration is O.C.G.A. § 19-9-3.
8. What is the difference between legal and physical custody? Legal custody involves decision-making authority for the child’s education, health, extra-curriculars, religion, and welfare. Physical custody refers to where the child lives.
9. How is child support calculated in Georgia? Georgia uses an “Income Shares Model,” which considers both parents’ incomes, the number of children, and other factors such as parenting time. The Georgia Child Support Commission provides guidelines and calculators. The Georgia child support calculator can be found here.
10. Do I need an attorney to get divorced in Georgia? It’s not required, but strongly recommended. Divorce can involve complex legal and financial issues, especially if children or significant assets are involved. An experienced attorney helps protect your rights and ensures the process goes smoothly. After all, you probably could give yourself a root canal, but it’s not advised.
11. What is a separate maintenance in Georgia as opposed to divorce? In Georgia, separate maintenance is a legal option similar to legal separation in other states — it allows spouses to live apart and resolve important legal issues without ending the marriage.
