Divorce

There are all types and shapes of Divorce filings from the less complicated divorces with no assets to split and no children or multimillion dollar, high-asset cases. Of course, any divorce has the potential to have complicated child custody issues.

The state of Georgia recognizes 13 grounds for divorce. One of these is the belief that the marriage is “irretrievably broken” and cannot be repaired. This may be considered grounds for a no-fault divorce, which is the most common divorce in Georgia. A no-fault divorce means there is no need to prove fault or wrongdoing by either party. This is the only ground for a no-fault divorce. The other 12 grounds are all fault grounds and so wrongdoing by one of the parties must be proven. These fault grounds include:

  • Adultery
  • Desertion
  • Mental or physical abuse
  • Marriage between close relatives
  • Mental incapacity at the time of marriage
  • Impotency at the time of marriage
  • Force or fraud in obtaining the marriage
  • Pregnancy of wife unknown to husband at the time of marriage
  • Conviction and imprisonment for certain crimes
  • Habitual intoxication or drug addiction
  • Mental illness

To file for divorce in Georgia one spouse must have lived in the state for at least six months, or the state must have been the last domicile of the marriage. Spouses must be legally separated to file for divorce, which means they must see themselves as separate and are no longer sharing marital relations.

After filing for divorce there are many issues that must be decided, such as division of property, child support/child custody, spousal support, and more. If it seems likely that there will be a custody battle or business asset division dispute, then documenting evidence in your favor before the divorce proceedings are initiated is in your best interest. However, the best thing for you to do is contact an attorney to help you navigate this difficult time. Divorce is hard; let us help.