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Georgia Grounds for Divorce

Macon GA Divorce Lawyer

Divorce is legal dissolution of marriage. The state of Georgia permits both no fault divorces as well as fault divorces. In a no fault divorce there is no requirement for faults to be proved for granting a divorce. These divorces are also known as uncontested divorces. Thus couples who have decided to go their separate ways can be legally separated through no fault divorce.


A contested divorce is a divorce which is challenged and there are arguments over child support, division of assets, spousal support, etc and decision is made by the presiding judge. Decisions regarding child custody and visitation cannot be decided by jury in a divorce case in Georgia. The court passes decisions on financial matters alone. Hence divorce hearings are not long affairs, they get over within a couple of days or sometimes all that takes is one morning but process is long and expensive.


A divorce case in Georgia has to be filed in the Superior Court. There are residency requirements and this is the easiest way to qualify for a divorce here. Person, who is filing for divorce or against whom divorce is filed, should have been a resident of Georgia for a period not less than 6 months. There is no need for a specific separation period before filing for divorce and it can be done on the same day when separation occurs. Even if the separated couple is living in the same house, there are no objections. If one of the couples is a military personal, he or she has the right to postpone his divorce proceedings until his active duty is over.


The first document filed in Georgia court with relation to divorce is the petition for divorce. Through the petition letter spouse who is filing for divorce requests termination of marriage under certain specified grounds. The granting of divorce is based completely on the evidence proving stated grounds.


If the ground is no fault grounds, the marriage is broken and divorce is granted only after 30 days of filing for divorce. Fault based grounds include:


• Mental illness.
• Was found to be impotent at time of marriage.
• Fraudulent ways and frequent use of force.
• Adultery
• Wife being impregnated by another man without knowledge of husband.
• Desertion for a minimum of 1 year.
• Conviction and imprisonment for 2 years and longer.
• Alcohol abuse.
• Cruel treatment of spouse.
• Drug abuse.

All divorce cases filed in Georgia must have declarations with regard to grounds on which divorce is requested. These grounds have to be supported by evidence and testimony; otherwise the case would be dismissed. Thus before filing a petition for divorce it is necessary to ensure that substantial evidence exists as well as be prepared for legal repercussion if proved otherwise.


If you are contemplating a divorce, call an experienced Macon GA divorce attorney today.