Divorce

Georgia is not a fault-based state. Fault, such as adultery, can be used as a factor in determining alimony. Other faults also impact the alimony and custody implications.

Alimony, as it is called in Georgia, is determined on a case-by-case basis. Depending on each case, alimony will be awarded. The amount of alimony will be based on two important factors; the duration of experience the alimony payer has in work and whether the person is working or not presently.

Yes and No. You can file for a divorce yourself too, however the Domestic law is quite complex. Representing your case, you may end up agreeing to things you might otherwise not agree with. You mistakes will not be spared. You will be charged with knowing all the rules of civil procedure just as a licensed attorney would.

Under Georgia law, each spouse is entitled to an “equitable” share of the marital property. This does not equate to an equal division, but instead a “fair” split between the parties.

This answer varies from one case to another. A marriage of fewer than three years is rarely awarded alimony in Georgia. Marriages of less than a decade could be awarded alimony but the amount and period of alimony will typically be a third of the length of the marriage.

Georgia is an equitable distribution state, meaning instead of dividing the marital property equally blindly, a judge will divide the property fairly based on each spouse’s financial and non-financial contributions to the marriage.

Annulments are rarely used. Generally, the only basis for an annulment is an allegation of fraud.

You must have lived in Georgia for at least six months prior to filing a divorce.

The duration of a divorce case varies from one case to another. In short, facts and circumstances in that case play a vital role in contributing to the length of the case. Uncontested cases – cases in which there are absolutely no disagreements as to any issues in the divorce – can be resolved rather quickly. But contested cases involving custody or the division of substantial assets can take much longer to resolve. Additionally, each party’s respective approach toward litigation (cooperative, difficult, just out to make the other party mad, etc.) always influences the time a case takes to reach a final resolution.

If your case can be resolved in an uncontested manner – be it on a temporary or final basis – you would not likely have to go to court. Some courts, however, will require a party to appear at the conclusion of an uncontested case (where the parties have entered into a Settlement Agreement) to swear under oath to the elements of the divorce.

Georgia does not require spouses to physically separate before filing for divorce. Under Georgia law, the only requirement to file for divorce is that both parties must suspend “marital relations” with the intent to divorce. So there is no specific timeframe of separation required in Georgia to get a divorce.

The wife may have her maiden name returned by having language included in the Final Judgment and Decree of Divorce indicating that her maiden name is restored.

In order for a case to proceed, you must achieve service. If the sheriff cannot serve your spouse, it is not uncommon for a private investigator to be hired to serve the spouse.

From a legal standpoint, you should not date while you are undergoing a divorce case in Georgia.