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.
