Georgia Divorce Laws

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In Georgia, a divorce is termed as a permanent separation from the partner. It is considered as a legal matter. Therefore, the divorce procedure is governed by the family law codes mentioned in the state law. These laws are based on the federal provisions. But, there are some modifications made according to the special necessities of the state. Georgia divorce laws provide a clear picture of the legalities related to a divorce in Georgia.

Georgia Divorce Laws regarding Child Custody

The codes on which the child custody is awarded, are based on the statues 19-9-3 and 19-9-01. the court gives preference to the best interests and welfare of the child while taking a final decision about the custody. In case the child has completed 14 years of age, the child is offered the right to choose the parent with whom he or she wishes to reside. However, if the parent selected by the child is found to be unfit to have the custody, then the selection of the child is not considered. In case the child has completed 11 years of age but has not reached 14, then the educational needs of the child and the wishes of the child are taken into account while determining custody. The types of custody that may be granted are, joint physical custody, joint legal custody, joint custody and sole custody.

Georgia Divorce Laws regarding spousal support

The Court may award spousal support on a permanent or temporary basis. If the marital dispute originated due to desertion or adultery by one party, then such a party is not granted alimony. The requesting party must prove its need and the other party's capacity to pay, while seeking spousal support. If the partner receiving alimony remarries, then the alimony is stopped, unless otherwise stated. The Court views the proof of the behavior of both partners towards the other, while taking all aspects into concern. The other factors which are speculated upon are as follows -

  • The period of marital life
  • The standard of living experienced during marital status
  • The state of the partners inclusive of fixed liabilities, earning capacity and separate estate
  • The input of every partner during marital life inclusive of career building of the other partner, education, child care and services in homemaking
  • The period essential for either partners to attain enough training or education to be suitably employed
  • The economical sources of each spouse including all possibilities
  • The emotional state, physical condition and age of both spouses
  • Any relevant issue which the Court thinks is proper and equitable

Child support

Child support is the amount that is payable as a contribution of a partner in the upbringing of the children. Generally, this amount is paid by a spouse who has not been awarded the child custody. A child support is to be paid till the child achieves the adult age. Sometimes, the payment of the amount can be extended further, if required.

The Court makes a decision regarding child support while taking into account the following -

  • Unusual travel expenditure during shared physical custody or visitation
  • The expenses for sickness and accident insurance coverage in case of dependent children
  • The income of the parent to be given custody
  • The financial living cost factors in the community of each partner
  • Expenditure in the family for children over the years
  • Extreme financial conditions like high debt or individual gross annual income of more than 75000 USD
  • Extraordinary needs of the partners like own medical expenditure
  • Whether the partner is making any other payment like payment of a mortgage
  • In case of self employed partners, the in-kind incomes like company car and reimbursed meals
  • A partner's obligations of support for another family
  • Day care expenditures
  • Educational expenses
  • The age and health of the child

The legal requirements for a divorce in Georgia

There are certain conditions that need to be fulfilled before making an application for divorce in Georgia. The first condition is of residency. A spouse or an applicant should be a resident of this state at least for half a year before starting a procedure for divorce. The military members posted in this state have to comply with this provision. But, the minimum period for mandatory residency for them is lesser than the civilians. The other requirement is that a person should follow the rules and regulations of a waiting period before obtaining a final divorce order.

So, this is an over-view of some aspects of Georgia divorce laws. In a mutual divorce, it can act as a guideline for the spouses. Legal help should be taken when dealing with complicated divorce cases.

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