If you are contemplating filing for divorce, you can take several different approaches in Georgia. Your decision about the kind of divorce you should proceed with would primarily depend upon how well you and your spouse can communicate and work together.
Instead of acting with malice towards one another, divorcing spouses should try to figure out a way to make the divorce less miserable for each other. Indeed it is easier said than done. But still, by working together and ironing out your differences, you will be able to save a lot of time and money throughout the entire divorce process. Before you learn more about how you can lower the cost of divorce and wrap it in a quick fashion, there are a few things you should know about divorce law in Georgia.
The following are 5 must-know facts about getting a divorce in Georgia:
1. Residency requirements
According to Georgia divorce law, at least one of the divorcing spouses must be a resident of the state for six months before filing for divorce. This six-month period must be consecutive and must be the six months prior to filing the divorce case. The divorce can be filed in the county that either spouse lives.
2. Waiting period
In Georgia, courts do not grant a divorce in less than 30 days, even if both spouses are on the same page and want to process the divorce sooner. The courts provide a mandatory 30-day waiting period before finalizing the divorce.
3. No-fault divorce
Georgia is a no-fault divorce state. A no-fault divorce is one of the most prevalent types of divorce in Georgia. A no-fault divorce implies that the divorcing couple is not stating any legal justification for the divorce. In a no-fault divorce, all you have to do is demonstrate to the court that you and your spouse have “irreconcilable differences” that cannot be resolved.
The petitioner is required to state that the reason for the dissolution of marriage is that the union is “irretrievably broken” to apply for a no-fault divorce in Georgia. In the case of no-fault divorce, the court may issue the Decree of Divorce or the final judgment after the mandated 30-day waiting period has expired since the filing of divorce papers. Since the no-fault divorce process is a lot faster than other kinds of divorce, many couples prefer to file for a no-fault divorce, even if one of the spouses is at fault.
4. Grounds for Divorce
Apart from the no-fault divorce, Georgia recognizes several other legal reasons to apply for divorce. These are the conventional grounds for divorce that are separate from no-fault divorce. However, nowadays, many divorcing spouses prefer to go the no-fault route to avoid the complexity that can arise by proceeding with the divorce process on conventional grounds.
The fault-based grounds for divorce, according to the divorce law in Georgia, include:
- Force, Duress, or Conduction of Fraud to attain the marriage;
- Desertion for over one year;
- Imprisonment for more than two years for “conviction of an offense involving moral turpitude”;
- Habitual intoxication or substance abuse/drug addiction;
- Cruel behavior or treatment that endangers life, limb, or health;
- Incurable mental illness.
5. Alimony, child custody, child support, and property division
These are all important aspects that a divorcing couple must discuss and sort out if they hope to reach a consensus and avoid dragging out the divorce. There are a few things about each of these aspects that you must keep in mind while filing for divorce in Georgia.
Alimony in Georgia
After evaluating the requesting party’s requirements, the other party’s ability to provide alimony, and either party’s behavior or conduct towards the other, the court awards alimony.
Alimony is not permissible when the dissolution of marriage is happening due to adultery or desertion by the party asking for alimony.
In all the other cases, including no-fault grounds, the court would evaluate several different factors, which include:
- The standard of living that the divorcing couple was accustomed to during their marriage;
- The duration of the marriage;
- Age, physical, and mental state of either party;
- The financial standing of both parties, including debts, assets, and earning capacity;
- The duration necessarily for either party to attain education or training to obtain a job;
- And the contribution of either party to the marriage, including services performed for maintaining the marriage and household, such as home-making, child care, education, and help provided to the other party to build his/her career.
Property Division in Georgia
There are no explicit guidelines provided by the divorce law in Georgia for property division. So the property division during a divorce is up to the discretion of the spouses or the judge.
Child Custody in Georgia
If there are minor children involved, then the judge will determine child custody. Usually, the parents would be required to submit a parenting plan under the Georgia legislature’s provisions.
Child Support in Georgia
Georgia child support is determined according to the recommendations of the Georgia child support guidelines. You can go through the guidelines on the Georgia family court website.
Now that you are familiar with some of the important aspects of Georgia divorce law, you should consider how you can proceed towards a fast and easy divorce in Georgia that is also affordable.
Uncontested Divorce In Georgia
An uncontested divorce is when both parties are in agreement with one another about all aspects of the separation. Every couple must try to come to an agreement about all the major issues in the marriage. And the reason for it is that an uncontested divorce makes the entire divorce process easier and more affordable.
Online divorce in Georgia
Submitting an application for divorce online is a drastically inexpensive and a lot less time-consuming process. Many excellent online divorce services such as divorceonlinegeorgia.com can assist with the entire paperwork preparation process, reducing much of the stress and hassle associated with divorce. In the state of Georgia, if you and your spouse have come to an agreement and are filing for an uncontested divorce, then undertaking complete divorce online is a truly preferred option that is available to you.
Many people assume that if there are minor children involved or the divorcing couple has marital property; then they cannot file for an internet divorce. However, that is not true. Several online divorce companies can help you figure out the divorce process, as long as it is an uncontested divorce.
Advantages of getting an online divorce
There are several advantages of proceeding with an online divorce process. Hiring the best online divorce service will help you seamlessly navigate the entire document preparation process without an attorney.
1. You can start preparing paperwork right away
In the case of uncontested divorce, you can directly start preparing the documents like the divorce petition, among others. A part of this paperwork would be a marital settlement agreement that will lay down all the major points as to how the aspects such as property division would be settled. These aspects also include alimony, child custody, child support, etc. Any of the top online divorce sites can help you put together your paperwork.
2. Swift proceedings
Once the prepared documents are filed with the court, the copies would be provided to your spouse. All you have to do is attend a single court hearing, where the judge will make sure that all of the essential documents are in order. And that’s it. The court will grant you the final judgment or decree of divorce as soon as the mandatory 30-day waiting period expires. This is an incredibly time-effective process.
3. Cost-effective divorce
Even if you decide to hire the best online divorce website to ask for assistance and guidance, you will save a lot of money, especially compared with the amount you will have to shell out in a conventional litigation divorce.
Online divorce is the most simplistic, inexpensive, and time-effective way of getting a divorce in Georgia.
4. Best if you want to proceed with the divorce without an attorney
If you don’t want to involve attorneys and avoid any kind of trial-related messiness to hijack your life, it is best to go the route of a web divorce. By hiring one of the top online divorce sites, you will easily prepare a settlement agreement and complete and file the court forms, all without an attorney.
5. Easy-to-follow process
Filing for divorce online is pretty easy to understand. Therefore anyone can do it. It is also the reason why online divorce is also called Do It Yourself or DIY divorce. You will easily access the divorce papers and the other essential documentation by filling out a short questionnaire on the best online divorce website.
Moreover, the divorce papers are personalized according to your particular circumstance. This implies that if you are proceeding with divorce over the internet in Georgia, the paperwork will align with Georgia Divorce law. Also, the documents will reflect factors such as children, income, assets, etc. Therefore, all you have to do is follow the instruction and file the signed documents with the court.
It could be a minefield to navigate the complexities of a divorce process. Getting assistance from the best online divorce service can help you avoid confusion and guesswork. If you and your spouse are on the same page about living your own lives separate from each other, then the online divorce can be a great alternative to costly litigation.