Things to know about getting a divorce in Georgia

On Behalf of | Nov 6, 2019 | Divorce |

After being married for a while, you have found yourself growing apart from your spouse. Perhaps they mistreated you, or maybe the two of you have fallen out of love and would like to go your separate ways. Whatever the case is, you have made up your mind–you want a divorce.

Although you are resolute, you may be hesitant because you are unfamiliar with how it works, so here is some information about divorce in Georgia to help clear the air.

No-fault grounds

In some states, people must prove that their spouse was responsible for the marriage ending on the grounds of cruelty, adultery, alienation of affection, or something of the like. However, in Georgia, this is not a requirement.

The only requirement is that the spouse who set the divorce process into motion must show that there was an “irretrievable breakdown” in their marriage. “Irretrievable breakdown” means that both spouses are no longer compatible and that they do not wish to reconcile.

The benefit of a no-fault divorce is that it often moves faster than one that requires a legal justification because the court does not need to spend any time finding proof to support the reason that the spouse filing gives.

Residency requirements

One of the few necessary things to get a divorce in this state is related to residency. To get a divorce in Georgia, at least one of the spouses must be a resident in the state for at least six months before filing.

Waiting period

Another thing that state law requires is a waiting period of at least 30 after the papers are served before the divorce is granted. This is because the court does not want to invest time and resources into a divorce that may not happen. The 30 days gives couples some time to ruminate and be sure that they want to split up.

To learn more about divorce in Georgia and to get some guidance throughout the process, it is recommended to consult with an experienced family attorney.