The United States ranks top among the countries with the highest divorce
rates in the world with 4.95 persons per 1,000 people. Among all of its states,
new data from the U.S. Census determined divorce in Georgia as
one with highest divorce rates in the country. Although this data indicate that
most marriages in Georgia do not last, figures also suggest that Georgia has
one of the highest marriage rates as well.
Having a divorce in Georgia is a serious matter. When you find yourself subjected to divorce, you should give some serious consideration to obtain legal advice from a lawyer near your residence.
Based on Section 19-5-5 of the Georgia Code, in order to file a divorce in Georgia, one of the spouse has to be a resident of the state for not less than six months before the filing of the divorce.
The Legal Grounds For Divorce
The following are the grounds of a divorce in Georgia:
An application to divorce in Georgia may also be refused to be granted if the judge and the court find any of the following:
Division of Property and Child Custody
Georgia is a state of equitable distribution which means that the court considers factors to an equal distribution of a marital property such as the longevity of the marriage, personal economic contributions, and financial resources of each. By definition, a marital property is something neither one has acquired before the marriage. Non-marital properties, however, are those acquired before the marriage; thus, they are not included in the division of property upon divorce. If you and your ex-husband or wife can agree on how to divide a property, both can present a settlement agreement to the court.
The custody, on the other hand, is awarded to either of the spouse on the best interest of the child or children. If a child has reached 14 years old, the child shall have the liberty to select which parent he or she wishes to live with. Furthermore, in some cases where the child has reached 11 years of age (not 14); the court shall still consider the child’s desire. Also, the educational needs will be considered of which parent shall have custody.The custody given by the court may be sole, joint, joint-legal, or joint-physical custody, whichever is appropriate.
Having a divorce in Georgia is a serious matter. When you find yourself subjected to divorce, you should give some serious consideration to obtain legal advice from a lawyer near your residence.
Based on Section 19-5-5 of the Georgia Code, in order to file a divorce in Georgia, one of the spouse has to be a resident of the state for not less than six months before the filing of the divorce.
The Legal Grounds For Divorce
The following are the grounds of a divorce in Georgia:
- Having close blood relations.
- Mental incapacity during the time of marriage.
- Getting married by coercion, force, fraud, or menace.
- Pregnancy of the wife by another man other than the
wife’s husband which is unknown to the husband during the time of
marriage.
- Adultery in either of the parties.
- Willful and continued desertion by either the wife or
the husband in one year term.
- The conviction of either spouse that involves immoral
turpitude by which one is sentenced to a penal institution for a term of
two years or more.
- A person’s habitual intoxication.
- Cruel treatment that includes willful infliction of
mental or physical pain. Upon the complaining party, the complainant has
to reasonably justify apprehension of danger to life, limb, or health.
- Incurable mental illness.
- Habitual addiction to drugs which consists of addiction
to any controlled substance as defined in Article 2, Chapter 13, Title 16;
(13)— Irretrievable breakdown of the marriage
An application to divorce in Georgia may also be refused to be granted if the judge and the court find any of the following:
- The adultery, desertion, cruelty etc. filed was planned
or staged in order to get a divorce
- Either you or your spouse consented to the adultery,
desertion, cruelty or intoxication
- Both have behaved the same way
- Either the husband or wife condones the act you are
complaining about
Division of Property and Child Custody
Georgia is a state of equitable distribution which means that the court considers factors to an equal distribution of a marital property such as the longevity of the marriage, personal economic contributions, and financial resources of each. By definition, a marital property is something neither one has acquired before the marriage. Non-marital properties, however, are those acquired before the marriage; thus, they are not included in the division of property upon divorce. If you and your ex-husband or wife can agree on how to divide a property, both can present a settlement agreement to the court.
The custody, on the other hand, is awarded to either of the spouse on the best interest of the child or children. If a child has reached 14 years old, the child shall have the liberty to select which parent he or she wishes to live with. Furthermore, in some cases where the child has reached 11 years of age (not 14); the court shall still consider the child’s desire. Also, the educational needs will be considered of which parent shall have custody.The custody given by the court may be sole, joint, joint-legal, or joint-physical custody, whichever is appropriate.
