Divorce affects virtually every family in the country either directly or indirectly. In many cases, the parties involved may not understand the complex issues involved in a divorce. It is important to have an experienced advocate to help you navigate your way through the divorce process.
Divorce matters and issues can be contentious and are often emotional. The Wise Law Firm endeavors to fully understand every client´s individual circumstances while helping the client remain calm and focused during the legal process. The Wise Law Firm has successfully handled hundreds of divorce cases achieving the best possible outcome for each client. The following summarization of Georgia's divorce laws provides some basic information about the divorce process in Georgia. If you would like to speak with an experienced divorce attorney, please contact the Wise Law Firm for a free telephone consultation.
Marriage is a civil contract that the State has an interest in preserving. To move forward with a divorce proceeding, one spouse must have lived in Georgia and the Court proceeding must be in the Georgia County where the Defendant resides. The Wise Law Firm serves families and individuals in the following Metro Atlanta counties: Cherokee, Cobb, Fulton, and Paulding.
13 Grounds for Divorce in Georgia
There are 13 grounds for divorce in Georgia. Twelve of the grounds for divorce are known as fault-based grounds. This means that one of the divorcing parties must prove that the other party committed a wrongdoing. The only no-fault ground for divorce is known as irretrievably broken. The following are the 13 grounds for divorce in the State of Georgia:
- Irretrievably Broken – this ground for divorce is the only no-fault ground. It is important to note that it is not necessary for both parties to agree that that the marriage is irretrievably broken. One party must establish that there is no hope of reconciliation, but it is not required that either party demonstrate that there was any fault or wrongdoing by the other party.
- Marriage between persons who are too closely related
- Mental incapacity at the time of marriage
- Impotency at the time of marriage
- Force, menace, duress or fraud in obtaining the marriage
- Adultery in either of the parties after marriage
- Pregnancy of the wife by another man, unknown to the husband at the time of the marriage
- Willful and continued desertion by either of the parties for the term of one year
- Mental or physical abuse
- Conviction and imprisonment for certain crimes
- Habitual intoxication
- Habitual drug addiction
- Incurable mental illness
Spouses must be considered separated in a legal sense before one can file for a divorce. Spouses may be considered separated even if they are living in the same house if they are not sharing the same room and/or not having a sexual relationship.
If there is a complete agreement between the parties regarding the division of property and/or custody and visitation, the divorce is considered uncontested. Oftentimes, however, the term "uncontested" is used too frequently and incorrectly. A truly uncontested divorce may be granted 31 days after the Defendant has been served with the Complaint for Divorce or after the Defendant acknowledges service of the Complaint for Divorce if the parties have reached a full Settlement Agreement.