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What to know about filing for divorce in Georgia

On Behalf of | Nov 1, 2022 | Family Law |

No one plans to divorce on their wedding day. Unfortunately, for many Georgia residents, this is how their relationship ends. 

During a divorce, you must determine things like child support, alimony and property division. However, before diving into the specifics, it’s important to know the basic requirements for filing for divorce in Georgia. 

The basis for your divorce

Georgia allows for no-fault divorces, which are the most common ones filed in the state. With this option, you and your spouse can simply agree that there’s been an irretrievable breakdown in the marital relationship, which allows the divorce process to move forward. 

However, you can also file for divorce “for cause” if your divorce is contested. These include things like violence, addiction, adultery, insanity, being incarcerated for at least two years and simple irreconcilable differences. 

Additional requirements to file for divorce

You must also meet the residency requirements. Your divorce will be denied if at least one party hasn’t lived in Georgia for six months before filing a divorce petition. 

Additionally, if your reason for seeking divorce is cited as an “irretrievable breakdown,” there’s a mandatory 30-day waiting period. The other reasons listed above don’t require you to wait, and the decree will go into effect when it is filed. 

Following the letter of the law

If you have decided to file for divorce in Georgia, it’s important to know the basics of what it entails. Failure to follow the rules may result in your divorce case being delayed. It’s important to know your legal rights and the legal requirements of divorce to ensure that you don’t make mistakes.