Divorce in Georgia: An Overview

Divorce in US is under regulation of state government. In Georgia, residency requirements have to be fulfilled in order to be eligible for filing a divorce petition. Until and unless the jurisdictional rights can be exercised by the court of Georgia, divorce petition would be dismissed. Residency requirements are:

• One of the spouses must have been a resident of Georgia for a period of not less than 6 months prior to filing of divorce, or
• Out of state spouse can file against the spouse resident in Georgia.

The petition requesting divorce should detail the grounds under which the divorce is requested. Georgia courts grant no fault as well as fault divorces. The legal grounds recognized for divorce include:

• Physical inability to consummate marriage.
• Mental sickness and incapacity.
• Intermarriage which are not permitted like incest, underage.
• Forced into marrying without will.
• Adultery inclusive of homosexual and heterosexual relations.
• Willful desertion for a period exceeding one year.
• Conviction and imprisonment for two years or more.
• Habitual abuse of alcohol and drugs leading to intoxication.
• Cruel and miserable treatment of spouse.

Once the divorce petition is filed, court sends notice of divorce complaint to other spouse. The other spouse is required to file a reply for the same. A temporary hearing can be requested by either spouse so that issues inclusive of child custody, visitation rights, child support, debts, possessions, alimony etc may be temporarily resolved. The temporary order has to be passed by judge and is valid until the final ruling. At times, temporary ruling prohibits transfer or sale of assets etc.

A marital settlement agreement can be signed according to discretion of divorcing couple. This settlement has to be submitted in court and would be incorporated into the final judgment on divorce.

Military service members have different privileges when compared to civilians in a divorce. The law dictates that a spouse on active duty must be served summons along with a copy of divorce action personally for the court to exercise jurisdiction. If the divorce is an uncontested one, there is no need for a personal summon as long as the spouse on active duty signs and files a waiver acknowledging divorce action. Further, a member on active duty is protected under the Soldiers and Sailors Civil Relief Act wherein he can opt for postponement of divorce proceedings while on active duty and an extension of 60 days more but can opt to waive this right if he chooses to do so.

The presiding judge passes judgment over contested issues and hears legal arguments by divorce lawyers on behalf of both spouses. Child custody issues are decided with the best interest of child in mind and ruling with regard to other issues are made. The divorce is legalized and marriage dissolved with the signing of the final decree.