Filing for Divorce in Georgia — Get Your Divorce Forms in GA (2018)

Online divorce in Georgia

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How to get divorce in Georgia

Online Divorce provides qualitative and approved by Georgia courts divorce papers. The information below may help to understand more about the divorce in Georgia. onlinedivorce.com provides quick and inexpensive services of online divorce in Georgia.
The key conditions to get a divorce in Georgia are:

1

The marriage must be legal and de jure formalized, which means that the marriage must be recognized by the laws of Georgia.

2

The copies of the divorce paperwork should be delivered to the non-filing spouse (Defendant) by one of the officially-allowed methods. Then the court needs some time (up to several months) to consider the case and grant a divorce decree.

3

The residency requirements of the state must be met by the parties.

4

The parental rights and liabilities, as well as property, assets, and debts, must be divided by the parties independently or by the court decision.

5

The Georgia divorce papers must be filled out and submitted to the court. Online Divorce may help with preparing all the necessary documents that correspond to the particular divorce case.

Residency:

In order to apply for a divorce in the state of Georgia, at least one of the spouses must live in the state for at least 6 months before filing an application to the court. If either party is a US Army soldier located on the Georgia's military base for one year, they also have the right to file for divorce in any county of the state.

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Valid grounds to get divorce in Georgia

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In the state of Georgia, the divorce can be granted on the basis of various reasons, they can be both fault or no-fault. The fault grounds are:

#1

Incest;

#2

If one of the spouses is mentally incompetent for a long period of time;

#3

If one of the spouses is impotent;

#4

If one of the spouses forced the second spouse to marry;

#5

If during the marriage the wife became pregnant from the other man;

#6

The adultery of any of the spouses after the marriage was concluded;

#7

If one of the spouses deliberately deserted for a period of more than 1 year;

#8

If one of the spouses has been convicted of a crime and is serving a prison punishment. Please note that the crime should have occurred during the marriage;

#9

Alcohol or narcotic addiction of one of the spouses;

#10

Ill-treatment or domestic violence and the victim spouse is afraid for his / her life;

The unquestionable evidence of the fault-based grounds must be provided to the court.
Filing for divorce under the no-fault ground of "irretrievable breakdown of the marriage" there is no need to prove something. After that, the divorce in the State of Georgia may be granted in not less than 30 days.

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Annulment of the marriage in Georgia

Annulment is a procedure that recognizes the marriage void from the very beginning. This means the marriage has been entered into with violation of the state legislation.

Below are listed the conditions which allow recognizing the marriage as void:

  • Both or at least one spouse were mentally invalid at the time of marriage;
  • At least one spouse does not reach the legally permitted age for marriage, while at the time of marriage he pr she did not have the permission from the parents or the court for the ceremony;
  • One of the spouses was forced to marry, although he did not want to do it himself;
  • Duality. One of the spouses was married to another person at the time of the current marriage, with the fact that he or she did not divorce with the previous spouse;
  • Incestous marriage.
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Custody of the child in Georgia

Custody of the child

At the time of divorce in Georgia, parents can take a joint decision about who will be the guardian of a minor child. However, the final decision remains by the court and he takes it on the basis of the best interests of a child. Also, regardless of the decision of the parents, the court usually issues a detailed plan for the time that each parent must spend with the child. If one of the parents violates the rules established by the court, he or she may be held responsible for this.

In determining a custodian for a child, the court may consider the following factors:

  • Emotional attachment between the child and each parent;
  • The possibilities of each of the parents and their desire to raise a child;
  • The level of familiarity of each parent with the emotional and physical needs of the child;
  • The living conditions of each parent;
  • Mental and physical health of each parent;
  • The schedule of each parent's work;
  • The desire of the child to stay with one of the parents;
  • Facts of domestic violence.

Rules for child support in Georgia

With a divorce in the state of Georgia, the court usually decides on the financial support of underage children, but the amount of support is calculated using the Flat Percentage of Income Model. This model takes into account the number of children in the family and the total income of parents. As a percentage, the model can be represented in the following form:

 

1 child

17-23% of income

 

2 children

23-28% of income

 

3 children

25-32% of income

 

4 children

29-35% of income

 

More than 5

21-37% of income

However, there may be cases of deviations from the above model, when the court will find grounds for the fact that the amount of financial support for the child is not satisfying his needs.

Financial support for the child will continue until he or she reaches the age of 20, marries or graduates from secondary school.

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Rules for spousal support in Georgia

Rules for spousal support

In the state of Georgia, the court can oblige either spouse to help financially the second spouse, and this is called alimony. Usually, alimony is assigned to help the spouse who, after divorce, remains less well off. 

In the state of Georgia, there are several types of alimony:

  • Temporary alimony, which is awarded by the court to ensure some needs of the spouse immediately after the divorce or during some time after the divorce is granted.
  • Permanent maintenance is a kind of financial support that is paid to a spouse who has very bad prospects of getting a job that brings a stable income.

In order to make a positive decision regarding financial support, first of all the court must make sure that one of the spouses has real needs, and the second spouse is able to provide them. Similarly, the court decision may be affected by the ground, which led to the termination of marriage. In any case, the court will make a fair verdict, based on an analysis of the following factors:

  • The duration of the marriage;
  • Quality of life of spouses during marriage;
  • The professional skills of each spouse;
  • The degree to which each spouse has invested in the maintenance of home comfort and the upbringing of children;
  • The financial situation of each spouse;
  • The contribution of each spouse to the improvement of family life and the upbringing of children.

If the spouse for whom alimony intends to re-enter a marriage, then the payment is terminated.
There is no established formula in the state of Georgia, which is used to calculate alimony. The court determines the amount on its own, analyzing the situation that has developed in the family.

Property division in Georgia

Property division

With a divorce in the state of Georgia, the court usually makes a decision on the uniform division of common property. All the property the spouses acquired during the marriage is typically subject to division. Thus, the court decides on real estate, assets, and debts.
If the parties fail to come to a single decision in matters of property division in advance the court makes a decision independently, based on an analysis of various factors.

It's reasonable to list all the types of property that the spouses own. The point is that the sole property of the parties (something acquired/earned before the marriage, personal gifts or inheritances etc) shouldn't be divided.

Divorce without a lawyer in Georgia

Cases, when a divorce is made without the participation of a lawyer, are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". The process of divorce in the state of Georgia can vary from county to county. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it may be rather convenient to initiate the Pro Se Divorce.

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Mediation support in Georgia

In the state of Georgia the courts may require intervention of mediators in the case if there are disputes concerning custody of the child and spouses can not come to a common agreement. Mediators are a third party that is not interested in anyone's behoof. Their main task is to help the spouses to resolve differences and make a decision that will satisfy all participants of the process of divorce in Georgia.

Divorce forms in Georgia

Some Georgia divorce forms may be found online but not all of them are necessary for each case.
The basic divorce form document that either couple generally needs to fill out is Petition for Divorce. But in most cases, it will be necessary to fill out many more other Georgia divorce papers. It all depends on the type of divorce, related circumstances, county, and so on. Every divorce case is unique.
Online Divorce may help with selecting the divorce forms which fit the circumstances and requirements of a particular case what may help greatly speed up the whole divorce process.

Uncontested divorce in Georgia

Uncontested divorce in Georgia

In the state of Georgia, uncontested divorce means that the parties are able to reach an agreement on all the controversial issues regarding child custody, the division of property, financial assistance in advance and without the court hearings.

All the spouses' joint solutions should be outlined in a notarized settlement agreement which must be submitted to the judge's consideration.
And if the spouses cannot negotiate and decide all the terms of their divorce by themselves, the court typically make decisions after the number of court hearings. Such a divorce is a contested divorce, which usually takes more time and money.

How to serve divorce papers in Georgia

In Georgia, there are specific rules and guidelines which must be followed when serving divorce papers. So the Defendant may be served with the divorce paperwork in the following ways:

  • Through an attorney or directly from the Plaintiff (by signing an Acknowledgement of Service, which affirms that they have received the divorce paperwork); 
  • Through the Sheriff’s office; 
  • Through a process server.
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Filing fees for divorce in Georgia

The total cost of a Georgia divorce can't be predicted, due to the fact it depends on numerous individual factors. With the Online Divorce, it may contain the Georgia court filing fees and cost of using the service of online divorce in Georgia. This cost may vary by county.