Georgia Divorce Questions

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You should be aware about the legal divorce procedures in Georgia, before you file a divorce. If you plan to file a divorce on fault or no fault grounds, you would have several questions related to divorce proceeding and filing. You would like to know whether the common laws are applicable in this state. There are several legal terms that you might not understand such as Petition for Divorce, Final Judgment and Decree of Divorce, which you might not understand. The Georgia divorce questions and answers provided below will provide you meaning of such legal terms. Below we have provided a list of questions related to divorce laws and procedures followed in the state of Georgia. The divorcing partners should be aware about the grounds of divorce that is acceptable in Georgia. Even though both fault and no fault divorces are acceptable in Georgia, but most divorces that take place in Georgia are no faults.

Following are some Georgia divorce questions:

Q. Explain some basic terms related to divorce in Georgia?

A. Petitioner means that divorcing partner who files the divorce papers and initiates the divorce action. Respondent means the other divorcing partner who is served the divorce papers. The first document in any divorce procedure that commences the divorce is the Petition for Divorce. The last document in any divorce procedure that grants the divorce is called as the Final Judgment and Decree of Divorce.

Q. Does this state need any waiting period in a divorce case?

A. Yes. Let's consider that a divorce case is based on the irretrievable breakdown of the marriage then the waiting period begins from the date of service upon the Respondent and is of 30 days. After this waiting period is completed, only then the divorce might be granted.

Q. In Georgia what are the grounds of divorce?

A.

• Irretrievable breakdown of the marriage
• Incurable mental illness
• Cruel treatment
• Drug addiction or habitual intoxication
• Imprisonment and conviction for minimum 2 years for a crime of moral turpitude
• Willful and continued desertion by one of the partners for 1 year
• Adultery by any partner
• Pregnancy of wife due to a person other than her husband at the moment of marriage and the husband being ignorant of this fact
• Fraud, duress, menace or force in obtaining the marriage
• Impotency at the moment of marriage
• Mental incapacity at the moment of marriage
• Incest

Q. Which divorces are most common in this state?

A. The divorce law in this state permits no fault divorces as well as fault divorces. However, a majority of divorces that are filed are no fault type.

Q. Are common laws legally recognized in this state?

A. If a person had common law status prior to 1^st January 1997, then, this status is acceptable. After this date, common laws have no legal status.

Q. Is it legally acceptable that both divorcing partners hire the same divorce attorney for representing them in court?

A. The divorce law in this state specifically mentions that both divorcing partners must be represented by different attorneys.

Q. In Georgia what are the residency requirements?

A. It is essential that the Petitioner must be a bona fide and actual resident of this state for minimum 6 months before the filing date. This Petitioner must file the divorce papers in the county where he or she resides. Consider that the Petitioner is a non-resident of Georgia and the Respondent is a resident of this state for 6 months. In such circumstances, the Petitioner must file the divorce papers in the county where the Respondent is a resident. Consider that the Petitioner is a non-resident of Georgia and the Respondent is a resident of this state for 6 months. In such circumstances, the Petitioner must file the divorce papers in the county of which the Respondent is a resident.

Q. How does the distribution of marital property take place in Georgia?

A. This state propagates equitable distribution. The marital property and debts of the divorcing partners are distributed in an equitable and fair manner but not essentially equally.

Q. Does the filing fee vary from one county to another?

A. The Georgia divorce questions example provided here are important question and you need to know answers to these questions, so that you are aware about the legal divorce procedures, before you file a divorce. Even during the proceeding of the divorce, you might encounter several questions such as how does the distribution of martial property takes place, can both the divorcing partner hire the same lawyer, what are the residency requirements, what is the waiting period for divorce in this state etc.

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