A Georgia Divorce Attorney Answers Your Divorce FAQs - Eittreim Martin Cutler Family Law

Navigating a divorce in Georgia involves understanding residency requirements, filing procedures, and the differences between no-fault, at-fault, contested, and uncontested divorces. A no-fault divorce requires no legal blame, while at-fault divorces must prove misconduct such as adultery or abuse. Filing typically occurs in the spouse’s county of residence, and timelines vary based on complexity, agreement levels, and court schedules. Even in uncontested cases, legal guidance helps avoid pitfalls and ensures proper documentation. Partnering with a knowledgeable divorce attorney can streamline the process.

Going through a divorce can be a difficult and emotionally taxing process. You must not only navigate the legal challenges associated with the divorce but also deal with the flood of heavy emotions that are an inevitable part of ending a marriage.

All of that is hard enough for someone who understands all the laws and processes associated with divorce in Georgia, but family law isn’t a topic most Georgians have spent time researching. Of course, the best way to manage a divorce and ensure your best outcome is to partner with a trusted Georgia divorce attorney, like a member of the EMC Family Law team.

But if you want to better understand some of the basics of Georgia divorce law, we’ve assembled a list of the questions we’re commonly asked by new clients. Our team of skilled Georgia divorce attorneys are digging into those questions this month as we answer your divorce FAQs.

How Long Do I Have to Live in Georgia Before Filing for Divorce?

Georgia law requires that individuals be residents of Georgia for at least six months before petitioning for a divorce in the state.

If you and your spouse have just moved to Georgia and are seeking a divorce, contact the family law experts at EMC to discuss options for how you may be able to proceed.

Our Divorce Is Uncontested – Do We Need a Lawyer?

Georgia law is a no-fault state that allows uncontested divorce. There’s also no requirement that counsel represent you through your divorce proceedings.

That being said, you should always have a Georgia divorce attorney help you work through the process of obtaining a divorce. Even in an uncontested divorce, your attorney will:

Help you review the things you’ve agreed on with your spouse and identify any gaps you may have missed.
Ensure that your petition for divorce and subsequent forms and filings are all completed accurately and submitted to the right place.
Answer any questions you have about the process.
Be ready to answer any questions that the court might have about the divorce agreement.
Assist with legal services needed after the divorce, such as name changes.

In Georgia, Where Do I File for Divorce?

You will always file for divorce with the Superior Court. Which county’s Superior Court you file in depends on your and your spouse’s current living conditions:

In the vast majority of the cases, you will file in the county where your spouse currently lives, whether that’s the same county you live in or not.
If your spouse has moved out of Georgia or moved away from you within the past six months and you still reside in the county where you lived together, you will file in the county where you currently live.

What Is a No-Fault Divorce?

You’ll sometimes hear the terms “no-fault divorce” and “uncontested divorce” used interchangeably, but they don’t mean the same thing.

The majority of divorces in Georgia are no-fault divorces. A no-fault divorce means that one spouse believes that the marriage is over due to irreconcilable differences between the two parties. In a no-fault divorce, neither party is held legally liable for the end of the marriage. No-fault divorces can be amicable or can be hotly contested, especially if one of the spouses doesn’t want to divorce.

An uncontested divorce can be a no-fault or an at-fault divorce. In an uncontested divorce, both parties agree on the reason for the divorce, agree that a divorce is in order, and more-or-less agree on issues like property division, spousal support, and child custody. Uncontested divorces usually happen more quickly and cost considerably less than contested divorces.

Whether your divorce is no-fault, at-fault, contested, or uncontested, you should consult with a Georgia divorce attorney to determine your next steps.

What Is an At-Fault Divorce?

An at-fault divorce means that one of the parties to the marriage is directly responsible for the collapse of the marriage. In Georgia, there are eleven possible grounds for an at-fault divorce:

Intermarriage between closely related individuals
One spouse was not mentally capable when the marriage was entered into
One spouse was impotent when the marriage was entered into
One spouse used force, menace, duress, or fraud to obtain the marriage
If the wife is pregnant by a man other than her husband at the time of the marriage
Adultery
Desertion of a year or more
One spouse is given a prison sentence of two years or longer for an offense involving moral turpitude (robbery, murder, rape, fraud, domestic violence, drug crimes, and others)
Cruel treatment or abuse
One spouse develops an uncurable mental illness
One spouse has a habitual drug or alcohol addiction

In an at-fault divorce, the spouse filing for divorce must provide evidence that the other spouse’s actions or behaviors led to the couple’s split.

At-fault divorces can be uncontested but usually aren’t. If you’re considering filing for an at-fault divorce, you should absolutely get in touch with a Georgia divorce attorney who can walk you through the process and ensure your best possible outcome.

How Long Does a Divorce Take in Georgia?

There is no simple answer to this question. An uncontested divorce can go quickly and can theoretically be completed within 31 days of the non-filing party being served with the divorce paper. Contested divorces – especially at-fault divorces – can take months or even years to resolve. The main factors determining the length of the divorce process are:

Level of disagreement between spouses: The more you and your spouse agree on the issues at hand during the divorce, the faster the process will be
The complexity of your marital assets: Individuals with simple finances and property ownership will experience a faster process than those with complex property, such as multiple homes, joint investments, or business ownership.
Whether or not there are children: A couple without children will be able to obtain a divorce more quickly than a couple who needs to settle custody and child support issues.
The court calendar: This factor is entirely out of the couple’s control, but Georgia’s courts are busy, and their dockets fill up quickly. For any processes requiring the court’s input or approval, you will be at the mercy of the court’s schedule.

If you have concerns about your divorce taking an excessive amount of time, talk with your Georgia divorce attorney about some things you can do to help expedite the process.

Preparing to Go Through a Divorce? We Can Help: Call EMC Family Law Today!

Our attorneys offer trusted, helpful legal guidance through every step of any divorce, no matter how contentious or complicated. Give us a call and let us guide you through your next steps: 770-225-7000

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