Georgia No Fault Divorce

Divorce Papers > No Fault Divorce > Georgia No Fault Divorce

In this state, the divorcing partner who starts the procedure by filing the divorce papers in the domestic relations or family law court is called as the Petitioner. On the other hand, the divorcing partner, who does not file the divorce papers, but receives them by service, is called as the Respondent. The venue for filing the divorce papers in this state is the Superior Court in various counties.

Grounds of Georgia No Fault Divorce

There is a singular ground for this sort of divorce and that is if the marriage has been irretrievably broken. This may take place due to one of the following two reasons.

  • Irreconcilable differences
  • Incompatibility of temperament

In the No Fault divorces in this state, one divorcing partner need not provide any evidence of any wrongdoing by the other partners. A simple reason of "not getting along well" is sufficient for the divorce.

Residency requirements of Georgia No Fault Divorce

It is compulsory that one or both of the divorcing partners should have resided in this state for minimum 6 months, prior to the date of filing of the divorce papers. If this condition cannot be fulfilled, then, the other condition which must be fulfilled is as follows - This state must be the last state of domicile of the divorcing couple.

Procedure of Georgia No Fault Divorce

  • The Petitioner files the Complaint for divorce in the proper Superior Court. This complaint includes the following data:
    • Specific grounds of divorce
    • Child custody arrangements
    • Asset and debt details
    • Present living arrangements
  • The Sheriff serves a copy of the complaint to the Respondent.
  • It is expected that the Respondent would appeal for the divorce, before 30 days have passed since the date of filing of the divorce papers. In such an appeal, the Respondent can contest any issue.
  • If the Respondent does not respond within 30 days, the right to contest is lost.
  • If the divorcing partners agree with each other regarding the issues of divorce (property division, spousal support, child custody etc), then there is no necessity that such a divorcing couple should attend court. It is sufficient to sign the legal separation agreement. Such an agreement comprises of all legal matters about the marriage. This type of divorce (uncontested) is completed in lesser duration.
  • The Judge can enforce a temporary arrangement about management of assets and debts, child custody, spousal maintenance etc. This is to be observed till the final date of hearing
  • During the final hearing, the Judge awards visitation schedules and child custody. The requirements and best interests of the child or children are considered by the Judge, while selecting sole custody or shared custody

It is recommended that the services of an attorney should be hired for a no fault divorce. However, if the divorcing partners are completely exposed to the advantages and disadvantages of all divorce laws and matters and their divorce is an uncontested one, then, they may opt for a Do It Yourself Divorce.

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