Divorce laws vary by state, so it’s important to know exactly what your state requires of you before and during your divorce case. Discover the answers to frequently asked questions about divorce in Georgia:
How long do we need to be separated before pursuing a divorce in Georgia?
In Georgia, you do not have to be separated for a set amount of time before pursuing a divorce. However, the law does recommend suspending marital relations so that the marital relationship is paused in that manner. This shows intent for divorce.
How long must I live in Georgia before filing for divorce in Georgia?
Georgia law requires at least one of the parties to have lived in Georgia for six months before filing for divorce. Most states enacted these residency requirement laws to stop people from forum shopping. Instead of getting divorced in the state that one of the two spouses lived in, the spouses would choose a state with easy or more favorable laws and request a divorce there.
Must both parties want the divorce in Georgia?
No, both parties do not have to want the divorce in order to file for divorce. If one party wants a divorce and the other does not, the party can still pursue divorce.
Does fault have to be present to pursue a divorce in Georgia?
No, fault does not have to be present. Georgia is considered a “no-fault” state which means one party can claim that no fault is present but there are irreconcilable differences that led to the dissolution of the marriage. If fault is present in the marriage – abuse, adultery, etc. – this can affect the details of the case such as child support, alimony, etc.
How quickly will my divorce case be over in Georgia?
In Georgia, the fastest your case may be completed is 31 days. That will only happen if it’s uncontested and both parties can find amicable solutions quickly. Whether you have a contested or uncontested divorce case, an experienced divorce attorney can significantly increase the likelihood of getting a favorable divorce outcome.