Divorce in Georgia

Divorce is a difficult process for any couple.

Truth be told, parties involved would rather hand all the work to their lawyers without having to sit in court or even see each other if possible. Aside from the stressful proceedings, there are other things to consider, especially in view of children and properties.

Many divorces have become long-drawn, bitter processes when parties involved have been ill-advised or when one of the parties wants more than what is due to them. Hence, it is indeed very beneficial to lessen the emotional hassle that the proceedings would entail. However, it is also important for both parties involved to be knowledgeable of divorce laws as well as their options.

The State of Georgia defines 13 grounds for divorce one of which is called “irretrievably broken” or “no-fault” ground. The law says that to get a divorce on no-fault ground, one party must be able to show that he or she is not anymore willing to cohabit with the other, and that there is no more hope for “reunification.” However, it is not required for the other side to concur that the marriage is indeed in that state. Furthermore, it is also not required to demonstrate the actual presence of some shortcoming on the part of either. Hence, this by far is the least complicated ground to file for divorce which could mean a faster conclusion to the whole debacle.

The other 12 are fault grounds may be invoked only upon the capability of the plaintiff to demonstrate the commission of an act of wrongdoing by any of the parties. This is not only complicated, but may also cause more emotional damage on both sides. This list of twelve include adultery, desertion, mental or physical abuse, marriage between persons who are too closely related, mental incapacity at the time of marriage, impotency at the time of marriage, force or fraud in obtaining the marriage, pregnancy of the wife unknown to the husband at the time of the marriage, conviction and imprisonment for certain crimes, habitual intoxication or drug addiction and mental illness.

But then, regardless of the ground claimed for divorce, one condition of filing for divorce in Georgia is a six-month residency for one of the spouses.

To file for divorce, information on the marriage must be prepared including present living arrangements, children of the marriage, assets, debts and the specific grounds on which he or she is seeking the divorce. The complaint should then be filed in an appropriate superior court with the help of the lawyer.