Divorce

There are 13 grounds for divorce in the State of Georgia (including adultery, cruel treatment, etc.) However, most divorces are granted on the single ground that the marriage is "irretrievably broken." It is not necessary to show any wrongdoing or fault, and this is commonly known as "no-fault" divorce.

There is a 6 month residency requirement for filing a divorce. If you live out of state, you may file against a Georgia resident. There is no legal separation period required, and the divorce may be filed on the date of separation. Also, the parties may be considered separated for the purpose of divorce and still live in the same house.

The divorce could be granted as soon as 30 days after the date of filing. However, a Final Decree of Divorce will not be granted until the parties have resolved all legal issues between them, either by settlement or trial. These issues include custody of children, support, visitation, and all financial issues such as division of assets and liabilities. A divorce could be pending for months or even years until all these issues are resolved. This could be further complicated if one party insists on a trial by jury. In Georgia, either party can demand that a jury decide all issues of a divorce except custody and visitation.