Georgia Family Law Resources

Read through our Georgia divorce and child custody articles to better understand the road ahead. Educating yourself about the divorce process in Georgia will improve your ability to communicate with your divorce lawyer, which will go a long way toward helping you reach your goals in Georgia Family Court.

• Marietta Fathers’ Rights
• Atlanta Fathers’ Rights
• Lawrenceville Fathers’ Rights
• Fayetteville Fathers’ Rights
• Do I Need to Hire an Atlanta Child Custody Lawyer?
• Georgia Divorce Jurisdiction Law
• Georgia Child Support Calculation: Is Overtime Pay Counted As Income?
• Does Georgia Child Support Automatically Terminate Upon Emancipation?
• Retroactive Child Support in Georgia
• Are Gifts Between Spouses Subject To Division In A Georgia Divorce?
• How Can A Father Change His Child’s Last Name In Georgia?
• Georgia Divorce Laws

Georgia Divorce Process

While every Georgia divorce case presents unique issues and challenges, the overall process is the same.

Filing a Complaint

The person seeking the divorce (the “plaintiff” or “petitioner”) begins the process by filing a Complaint for divorce in the appropriate Superior Court. This document contains information about the marriage and the parties, such as:

• Current living arrangements;
• Children of the marriage;
• Marital assets and debts; and
• Specific reason(s) for seeking a divorce.

In a no-fault divorce, the complaint must state that the parties are living in a bona-fide state of separation with no hope for reconciliation. Spouses who still live under the same roof during a divorce may still be considered separated as long as they are not having sexual relations.

Service of Process

The other spouse (the “defendant” or “respondent”) must receive service of the complaint by a sheriff of the appropriate county. They may also acknowledge service by signing a specific document in the presence of a notary public.

Temporary Orders

After the filing, a party may seek a temporary hearing for issues that need to be addressed immediately, such as:

• Child support;
• Child custody and visitation;
• Spousal support; and
• Payment of marital obligations like house, car, and credit card debt.

These temporary orders remain in effect until the divorce becomes final.

Gathering Evidence

Both parties in a divorce may seek evidence from the other party, such as financial records and documents showing how assets were acquired, in a process known as discovery. They may also pursue additional discovery, such as subpoenaing documents from a non-party (e.g., banks, or other financial institutions) or conducting depositions of witnesses to find out what they might say at trial.

Settlement or Trial

Courts encourage divorcing parties to make every effort to reach a settlement agreement and typically order the parties to attend mediation before having a trial. If the parties can settle every issue in the divorce, they can present their agreement to the court as a final divorce order. If not, they might need a final hearing on some or all issues.

Related Article: What to Know When Filing for Divorce

Georgia Residency Requirements

Generally, at least one spouse must be living in Georgia and have lived in Georgia for at least six months prior to filing a Complaint for Divorce. The Complaint for Divorce should be filed in the Superior Court of the defendant’s county of residence with the defendant’s consent, or if the defendant had previously lived with the plaintiff and has been gone for less than six months, the complaint may be filed in the plaintiff’s county of residence.

Grounds for Divorce in Georgia

In Georgia, there are 13 grounds for divorce. One ground is “irretrievably broken,” which is known as the “no-fault” ground.

The remaining 12 grounds for divorce are considered the “fault” grounds. The fault grounds are typically used when trying to allege some misconduct by the other party, including adultery. Adultery in Georgia includes sexual relations between one spouse and another individual.

Other “fault” grounds include:

• Desertion;
• Mental incapacity at the time of marriage;
• Impotency at the time of marriage;
• Force or fraud in obtaining the marriage;
• Conviction and imprisonment for certain crimes;
• Mentally or physically cruel treatment;
• Habitual intoxication or drug addiction; and
• Mental illness.

Georgia Property Division Process

Georgia uses the “equitable distribution” model of property division. State law identifies two kinds of property in divorce cases:

• Marital property: Most property acquired during the marriage
• Separate property: Property acquired by one spouse before the marriage or property they acquired at any time as a gift or through inheritance

“Equitable distribution” means that courts look for a fair way to divide marital property between the parties. It does not necessarily mean an “equal” or 50/50 division. Factors that a court may consider include:

• Each spouse’s financial condition;
• Each spouse’s contributions to the marriage and marital property;
• The length of the marriage;
• Whether either spouse cares for children born into the marriage; and
• The parties conduct during their marriage.

Georgia Child Custody Laws

In Georgia, there are two types of custody: legal and physical child custody.

• Legal custody involves the right to make major decisions about the child’s health, education, religious upbringing, and general welfare.
• Physical custody means where the children spend the majority of their time. The parent with whom the children spend the majority of their time is typically referred to as the primary physical custodian, with the other parent having rights to parenting time.

Unless one parent is deemed unfit, parties will generally be awarded joint legal custody of the child(ren). Courts usually designate one parent as the primary physical custodian with the right to determine where the child lives.

Related Article: Georgia Child Custody Questions

When making the ultimate determination as to both legal and physical custody at the end of the case, the judge will consider many factors, including the age and sex of the child and the ability of each parent to care for and nurture the child, ultimately using the “best interest of the child” standard.

In Georgia, a child who has reached 14 years of age may make a parental selection, stating with whom they wish to live. However, the best interest standard will still be used, and the judge will not automatically grant the wishes of a 14-year-old.

Related Article: 10 Things That Can Sabotage Your Case

Georgia Child Support

In Georgia, both parents can be required to provide assistance to their children until whichever of these events occurs first:

• A child reaches the age of 18 years if not in high school
• Graduates from high school if 18 years or older
• Reaches the age of 20 years and is still in high school
• Dies
• Marries
• Is emancipated
• Joins the military

The non-custodial parent will generally be required to provide a reasonable amount of child support to the custodial parent to assist with living expenses. Child support may also include health insurance, payment of medical and dental expenses, and life insurance.

Related Article: How to Modify Child Support in Georgia

Child Support Guidelines are in effect in Georgia. The guidelines are located in the Official Code of Georgia in section 19-6-15. A calculation will need to be made to determine the appropriate amount of child support.

Related Article: Georgia Child Support Calculator

The amount can vary based on various factors, including work-related childcare costs, medical insurance premiums, education costs, significant income of either party, and the time the non-custodial parent spends with the child(ren).

Related Article: What Does Child Support Actually Cover?

Georgia Spousal Support

Spousal support, also known as alimony, is usually only available in Georgia divorces when one spouse has a need for financial assistance post-divorce, and the other parent has the ability to pay for usch financial assistance. Factors that a court will consider when deciding whether to award spousal support include:

• Length of the marriage;
• Each spouse’s age and health;
• Each spouse’s financial situation and ability to support themselves at the living standard they enjoyed during the marriage; and
• Non-financial contributions that either spouse made to the marriage.

A court order for spousal support can specify how long one spouse must pay support to the other. It can also state that the support obligation ends when certain events occur, such as the spouse who receives support remarries.

Related Article: Will I Have To Pay Alimony?

With so many complex issues, it is important to consult with an attorney who can help protect and advocate your rights.

Why Work With Cordell & Cordell

Cordell & Cordell has advocated for people involved in divorces and other family law disputes for over thirty years. We believe in fighting stereotypes in the judicial system and providing a level playing field for everyone.

“[My Attorney’s] ability for depositions was great. He’s really good with questions and keeping things on track and organized mentally. He’s a great attorney.” — Jonathan U.

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.

Protect Yourself and Your Family

Cordell & Cordell is a national law firm helping men with various family law issues. This page is a resource and should not be taken as legal advice. To learn more about the services we offer, contact us at 866-DADS-LAW (323-7529) or through our online contact form.