Divorce Procedure in Georgia
Grounds for Divorce in Georgia.
Help Yourself Divorce is a no-fault divorce service, so your divorce papers will be prepared based on the grounds that the marriage is irretrievably broken.
Georgia Residency Requirements.
To file for divorce in Georgia, at least one spouse must be a resident of the state of Georgia for at least 6 months before filing for divorce, or stationed in the military within the state of Georgia for at least 1 year before filing for divorce.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Georgia for at least six months and currently live in Georgia, or have lived in Georgia within six months of filing.
Please note that you may be able to qualify for residency based on other requirements. If you are not sure whether you fall into one of the above categories, please seek advice from an attorney.
Filing Divorce in Georgia.
After filing the divorce papers with the court, you “serve” your spouse by mail or hand-delivery. Formal service by process server or sheriff is not required in uncontested cases. Your spouse will sign a document stating that he or she has received the papers, and that document will be filed with the court.
Georgia Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Filing for Divorce in Georgia.
Generally you will file for divorce in the county where the Petitioner lives.
Waiting Period.
There is a 30 day waiting period after you serve your spouse with a copy of the divorce papers (see above), before your divorce can be finalized.
Georgia Final Uncontested Divorce Hearing.
Uncontested divorces are finalized during a hearing, where many uncontested divorces are granted during the same hearing. Both spouses are tyically required to attend.
Pensión alimenticia Guidelines.
Pensión alimenticia is authorized, but is not required, to be awarded to either party in conformidad with the needs of the party and the ability of the other party pagar. In determining whether or not to grant pensión alimenticia, the court shall consider evidence of the conduct of each party toward the other. The following shall be considered in determining the amount ofalimony if any, to be awarded:
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and the physical and emotional condition of both parties;
- The financial resources of each party;
- Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
- The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and
- Such other relevant factors as the court deems equitable and proper.
All obligations for permanente alimony shall terminate upon remarriage of the party receiving the alimony, unless otherwise provided.
-From 19-6-1 and 19-6-5 of the Georgia Code.