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Georgia Divorce Law

Divorce Laws in Georgia

Georgia divorce laws have maintained for 13 grounds required for divorce. Among these grounds are adultery and cruel treatment. However, most divorces in Georgia are granted on the no-fault ground that the marriage is “irretrievably broken” and without fault or wrongdoing. Additionally, one of the spouses must have resided in Georgia for at least 6 months prior to filing for a decree of divorce in Georgia.

Alimony & Equitable Distribution in Georgia

Georgia is known as an equitable distribution state. According to the divorce laws in Georgia this means that the marital property must be divided fairly or equitably, but not necessarily equally.

Alimony is granted not for the purpose of punishing or rewarding one spouse but to provide an adequate income for the spouse who has become economically dependent on the other. Either spouse then, can be awarded alimony. Such factors as the prior standard of living of the couple and the length of the marriage shall be considered when awarding alimony.

Georgia Child Support, Child Custody and Child Visitation

According to Georgia divorce law, custody of all children must be determined before a divorce will be granted. The parents may decide who receives custody of their children. If they are unable to come to an agreement the court will then resolve the matter. Such issues as the age and gender of the children, the relationship with the parents and which parents has been the primary caregiver will be considered. Additionally, the court must also take into account the wishes of the child regarding the primary residence if he or she is between the ages of 11 and 14. The non-custodial parent will usually be granted visitation rights. However, the parents may also decide upon visitation rights. If they cannot come to an agreement in advance the court will make a determination based upon the schedule for possession of minor children.

Child support (a percentage of the non-custodial parents income paid to assist with the support of his children) is determined by the “child support guidelines” as set forth by divorce law in Georgia. Expect to pay child support until the age of 18 or when the child graduates from high school, whichever is later, but not past the age of 20.





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