Divorce Georgia Law

Divorce Georgia Law

Divorce Georgia Law can be intricate and confusing. If you are thinking about getting divorced, it is essential to understand your rights and responsibilities as a party in the proceeding.

In Georgia, there are both fault and no-fault grounds for divorce. The former is more common and requires proof of misconduct in court. Examples include adultery, cruelty, mental or physical abuse as well as desertion for a year.

Understanding Georgia Divorce Laws

Georgia divorce law offers spouses several options depending on their individual situation. A final divorce, which legally dissolves the marriage and permits remarriage, as well as legal separation which simply separates the parties without ending their union, are both options that can be pursued. Ultimately, divorce proceedings in Georgia usually conclude through mediation or trial.

Contested divorce requires both parties to come to an agreement on key matters like child custody, asset division, spousal support and more. This process can be lengthy and expensive; however, if they can reach a resolution quickly then it could save both parties both money and time in the long run.

When couples divorce in Georgia, marital property is divided equitably. This means the judge will award each spouse their fair share of assets, debts and other resources.

Marital property refers to all items owned by either party before and during a marriage, including real estate, personal property (such as clothing), financial accounts and other assets.

Georgia recognizes marital property as any assets acquired during a marriage by either the couple’s joint efforts or gifts from outside sources. This could include assets inherited prior to marriage or properties received from a deceased parent.

If you are worried about the division of your marital property during a Georgia divorce, it is essential that you contact an experienced divorce attorney immediately. The sooner they gain insight into your case, the greater chance they have of ensuring a fair property settlement for you.

Uncontested Divorce in Georgia

If you and your spouse can come to an agreement on all divorce issues and create a settlement outside of court, filing as uncontested divorce can save time and money while also avoiding the added animosity that often comes with contested divorce.

Divorce involves many issues that must be settled, such as how to divide assets and debts acquired during the marriage. Furthermore, parties may need to agree on matters like alimony or child support.

Once the paperwork is filed, it may take several weeks for your case to be processed. During that wait period, both you and your spouse can continue working towards reaching a full agreement.

If you find it difficult to reach a settlement on your own, consulting an attorney may be beneficial. They can ensure that you receive full protection during this trying time.

An experienced Georgia divorce lawyer can collaborate with you to ensure all necessary steps are taken and your case is filed correctly. They also help you avoid costly mistakes which could delay or even cost you money in the long run.

One important factor to consider when hiring a divorce lawyer is your budget. The cost of an uncontested divorce will depend on several factors, such as the lawyer’s hourly rate, fee structure and other aspects of your case.

Uncontested divorces in Georgia tend to be less expensive than traditional contested divorces due to the majority of couples being able to reach agreement on the necessary divorce issues without needing legal counsel. Furthermore, most uncontested divorces can be processed quickly since there is no trial involved.

georgia divorce

Georgia Child Custody Laws

Georgia child custody laws are designed to safeguard a child’s best interests. This includes granting physical custody to one parent and visitation rights to the other.

If parents cannot agree on a custody arrangement, a judge will make the final determination. They take into account factors like the child’s age, development, health and family circumstances when making their ruling.

Judges often award primary physical custody to one parent, meaning the child resides primarily with them. On the other hand, judges may grant joint custody where both parents share decision-making authority for a child’s upbringing.

A judge may also request a guardian ad litem or custody evaluator to make a recommendation about custody. Although judges aren’t required to follow these recommendations, their views often hold significant weight when it comes to determining what is in the child’s best interests.

In Georgia, in addition to a judge’s decisions, the state plays an active role in custody determination. They can require parents of a child to complete a parenting class before divorce is granted.

A father may need to demonstrate his suitability for parenthood by filling out an acknowledgment of paternity form or filing a legitimation petition in court.

When a father files for legitimation, the court can grant him attorney fees and other costs associated with the proceeding. However, any award must have a legal basis and findings to back it up.

Georgia Joint Custody

Divorcing parents in Georgia must file a child custody agreement to resolve their dispute. It will specify the schedule for child custody and make decisions regarding major matters like education, healthcare, extracurricular activities, religion and more.

In Georgia, courts typically make custody decisions based on what’s best for the child. It should be noted that courts will not automatically assume one parent deserves more custody than another unless there is a clearly established legal precedent to support that position.

Judges can modify existing custody agreements or award joint legal and physical custody when there is a substantial change in circumstances that impact the child. Typically, judges only take this step when there is an urgent need for action.

Georgia courts often grant joint legal custody, giving both parents the power to make important decisions for their child. They may also award joint physical custody, meaning both parents will get significant time with their offspring.

In Georgia, sole custody is not commonly awarded but could be ordered if the judge determines it to be in the child’s best interests. Although this is an uncommon occurrence, if it is granted it does not relieve either parent of their responsibilities such as child support.

If you have questions about custody, reach out to David Ward Law in Gwinnett County today to discover how to maximize the outcome of your Georgia divorce case. He can guide you through the laws and help make informed decisions about your future.

Grandparents may seek visitation rights if their children live with both parents. Navigating this issue can be complicated, but Georgia law recognizes grandparents’ rights and permits them to join an existing visitation case or file one on their own.

Navigating Alimony Laws in Georgia

Alimony is a legal concept designed to make the playing field in divorce more equitable. It usually gets ordered by a judge when one spouse earns more money than their counterpart. Generally, the higher-income spouse will make periodic payments to the lower-income spouse – usually monthly – to maintain this equality.

The amount of alimony awarded depends on several factors, including the length of the marriage, each spouse’s needs and both parties’ financial capabilities.

In Georgia, there are two types of alimony: temporary and permanent. Temporary alimony may be granted while a divorce proceeding, while permanent alimony can be awarded when one party requires long-term support.

Rehabilitative spousal support is also available in Georgia and intended to assist a spouse get back on their feet after divorce. It may be awarded for an extended period while they retrain or return to the workforce.

Alimony can be a daunting topic to navigate, as it has the potential to have an adverse impact on one’s future finances. Fortunately, Georgia law permits an ex-spouse to request modification of their original court order if their circumstances have changed–such as moving in with a new partner–if their circumstances have significantly changed.

However, this may not always be possible since a modification requires the ex-spouse to demonstrate their new living arrangements are reasonable and beneficial. Additionally, it must be shown that expenses have decreased as a result of the adjustment in living arrangements.

Finally, it is essential to remember that alimony is a legal concept which can have an immense effect on your life after divorce. If you are uncertain about receiving alimony payments, working with an experienced attorney is recommended.

Divorce in Georgia Due to Adultery

Divorce is never an easy process, and it can be especially difficult when one spouse has committed adultery. Georgia is a state that allows for divorce due to adultery, but there are specific laws and regulations that must be followed. In this article, we will explore the ins and outs of divorce in Georgia due to adultery, including the legal requirements, the process of filing for divorce, and what to expect during and after the divorce.

Understanding Divorce Due to Adultery in Georgia

If you are considering divorce due to adultery in Georgia, it is important to understand the legal requirements. In Georgia, adultery is defined as any sexual act between a married person and someone who is not their spouse. To file for divorce based on adultery, the aggrieved spouse must prove that their partner engaged in sexual relations with someone else while they were still married.

The Legal Process of Filing for Divorce in Georgia

The legal process of filing for divorce in Georgia is similar to that of other states. The first step is to file a complaint with the court, which includes the grounds for the divorce. In Georgia, there are 13 grounds for divorce, including adultery, desertion, and irreconcilable differences.

Once the complaint is filed, the court will serve the other spouse with the papers and give them an opportunity to respond. If the other spouse does not respond, the court may grant a default judgment in favor of the aggrieved spouse.

The Impact of Adultery on the Divorce Process

Adultery can have a significant impact on the divorce process in Georgia. If the aggrieved spouse can prove adultery, the court may award them a larger share of the marital property, such as the family home or joint bank accounts. Additionally, the court may award the aggrieved spouse alimony, or spousal support, if they can prove that they are financially dependent on their spouse and that the adultery caused a breakdown in the marriage.

The Emotional Impact of Divorce Due to Adultery

Divorce due to adultery can be emotionally devastating for both parties. The aggrieved spouse may feel betrayed and hurt by their partner’s actions, while the other spouse may feel guilty and ashamed. It is important to seek the support of friends and family during this difficult time, and to consider counseling or therapy to work through the emotional impact of the divorce.

What to Expect During the Divorce Process

The divorce process can be lengthy and complex, especially if there are disagreements over property division, child custody, and other issues. It is important to work with a qualified family law attorney who can guide you through the process and help you understand your rights and obligations under Georgia law.

The Role of Mediation in Divorce Due to Adultery

Mediation can be a useful tool in resolving disputes and reaching an agreement on property division, child custody, and other issues. Mediation involves a neutral third party who helps the parties come to a mutually beneficial agreement. This can be especially useful in cases of divorce due to adultery, as it can help to reduce conflict and promote a more amicable separation.

 Child Custody and Visitation in Divorce Due to Adultery

Child custody and visitation can be especially contentious in cases of divorce due to adultery. It is important to put the needs of the children first and work with the other parent to come up with a parenting plan that is in their best interests. If the parents cannot agree on custody and visitation, the court may intervene and make a decision based on the best interests of the child.

Divorce due to adultery in Georgia can be a complicated and emotionally challenging process, but it is important to understand the legal requirements and seek the guidance of a qualified family law attorney. By taking the right steps, you can protect your rights and interests and move forward with your life.


  • Can I file for divorce due to adultery in Georgia if I do not have proof?
    No, you must have proof of adultery to file for divorce on those grounds in Georgia.
  • Can adultery affect child custody in Georgia?
    Yes, adultery can be a factor that the court considers when making a decision about child custody.
  • How long does the divorce process take in Georgia?
    The length of the divorce process in Georgia can vary depending on the complexity of the case and whether there are any disputes that need to be resolved.
  • Can I get alimony if my spouse committed adultery in Georgia?
    Yes, you may be eligible for alimony if you can prove that you are financially dependent on your spouse and that the adultery caused a breakdown in the marriage.
  • Can mediation be used in cases of divorce due to adultery in Georgia?
    Yes, mediation can be a useful tool in resolving disputes and reaching an agreement in cases of divorce due to adultery in Georgia.