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Georgia Divorce

We offer easy-to-use, state-specific online divorce forms. Our forms are attorney-drafted, include detailed filing instructions and are available immediately after purchase. Additional information and links to resources on divorce in Georgia may be found below.

Information About Divorce in Georgia

GA Divorce Law
Georgia Divorce Statutory Resources
Child Support in Georgia
GA Child Custody and Visitation Law
Georgia Property Division
Georgia Courts and Community Resources

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GA Divorce Law

Georgia permits "irreconcilable differences" type of no fault divorces as well as fault divorces. You must live in Georgia for 6 months before you can obtain a divorce. If you live out of state, you may file against a Georgia resident. There is no legal separation period required, and the divorce may be filed on the date of separation. Also, the parties may be considered separated for the purpose of divorce and still live in the same house.


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Georgia Divorce Statutory Resources


GA Residency Requirements (Divorce) - Georgia Code § 19-5-2.  No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation; and provided, further, that a nonresident of this state may file a petition for divorce, in the county of residence of the respondent, against any person who has been a resident of this state and of the county in which the action is brought for a period of six months prior to the filing of the petition.

Grounds for Divorce in Georgia
- The no-fault ground for divorce is found in Georgia Code § 19-5-3(13) and states: The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent. "Fault" grounds for divorce in GA.

View the Official Code of Georgia.

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Child Support in Georgia

Interactive Child Support Calculator - provided by AllLaw.com (DivorceLawInfo.com is not affiliated with AllLaw.com)
Child Support Explained
Georgia Child Support Guidelines
Georgia Office of Child Support Enforcement

New Georgia Child Support Case: Smith v. Carter (2010): A court must consider the respective incomes of the mother and the father. By requiring the father to bear the entire burden of the cost of raising the child, the court failed to consider the father's income in relation to the mother's.

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GA Child Custody and Visitation Law

Georgia child custody decisions are based on the best interests of the child.

FAQ on Child Custody and Visitation
Child Custody Resources
Child Custody and Visitation

New Georgia Custody Case: Hardin v. Hardin (2010) The court erred by failing to consider evidence of purported sexual abuse by the children's father after the divorce. The evidence of sexual abuse and substantially changed circumstances was obtained by the mother after a custody modification hearing, but before the issuance of a final ruling.

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Georgia Property Division

Everything with exchangeable value or anything that goes to makeup a person's wealth: every interest, estate, obligation, right. Anything that you own or that generates income is considered by the law under the category of property:

Your car, your furniture, money in bank accounts, retirement plans, even a business or a profession is property. In a divorce action, property also means what you partially own and owe money on; it includes your debts.

The law in Georgia, views marriage as a relationship between partners, taking into account the monetary and non-monetary contributions of each spouse to the family unit. Even if one of the partners never earned one dollar, that partner is considered to have contributed to the family's property (or wealth) and has rights to a percentage of that property.

For a complete explanation of Property Division in Georgia go to: Property Division Explained

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Georgia Courts and Community Resources

Lawyers and Divorce
Mediation
Glossary of Family Law Terms
Supreme Court of Georgia
Georgia Superior Court Clerks' Cooperative Authority
Atlanta Legal Aid Society
State Bar of Georgia
Divorce Pamphlet - from the State Bar of Georgia

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