No-fault divorces are allowed in Georgia, meaning that without having to show that something wrong was done by the other spouse, either spouse can file for divorce. There are however, still 12 grounds for divorce, even though Georgia is a no-fault state, and they include desertion and adultery by one of the two spouses for a one year minimum.
Waiting Period And Residency Requirement
In any county in the state of Georgia, in order to file for divorce one of the spouses for a minimum of six months, must have resided in Georgia. This means that as long as one of the parties has stayed even if one has moved from the state, that one who has remained can file here for divorce.
It is 31 days from the date of filing that is the Georgia waiting period for a divorce. Although this is the minimum required time to obtain a divorce, most divorces will take quite a bit longer than that length of time.
Division Of Property In Georgia
The state of Georgia is an equitable distribution state. What this means is that any property acquired during the marriage by the parties is going to be fairly divided at the divorce(regardless of how the title is held). The marital debts and assets are distributed equitably, in an equitable distribution state, but not necessarily equally. Marital property is that property spouses acquired during the marriage, while separate property is that property each person held prior to getting married.
A payment from one spouse to the other for the recipient’s maintenance and care post divorce is alimony (also called spousal support). In every single case, alimony isn’t necessarily ordered, it is dependent on several factors including both parties earning capacities, the contributions of both parties to the marriage, and the standard of living established during the marriage. Another significant factor is the marriage’s length-in a short-term marriage, alimony is not usually ordered.
From one parent to the other, child support can be paid directly, but should the parent paying be delinquent, a wage garnishment order may be placed by the judge that will allow the support for the child to come directly from the paycheck of the paying parent.
Child custody is divided into two forms: legal and physical. Where the child lives or visits, and for how long, is what physical custody determines. Who makes the determinations regarding the child’s education, health, and various other needs is determined by legal custody. The court is going to implement the best interest of the child policy, in a child custody proceeding, to decide the custody arrangement. This means that the court, in making their decision, will examine the well-being and health of the child with each of the parents, along with the living environment of each of the parents.
All divorced parents are required by Georgia courts to submit a parenting plan that will account for each day of the year including significant days such as birthdays and holidays, and also including transportation information. This plan has to also state specifically which of the parents has what authority-for example, to make decisions on health care, and also whether or not there are any limitations to that authority, and what they might be. Should there be an agreement by the parents to share joint decision making authority evenly, there also has to be a provision contained in the plan as to which parent will have the final say if there is a disagreement.
This is usually left to the parents to work out, and might include something such as a neutral third party who will resolve the disagreement or the setting from the very beginning of rules for specific situations. If the parents cannot agree on any particular part of the parenting plan, they may submit to the court for the judge to decide their own proposed parenting plan.
Children over the age of 14 in the state of Georgia are permitted to make their own decision which parent they would choose to live with, so long as the court sees it is in the child’s best interest. Should they disagree, they have the right to override the preference.
If one of the parents decides they want to move away and take the child with them, the court has to decide the child’s best interest and make their decision, and not base that decision totally on the original order of custody. Family law in the state of Georgia is concerned with the child’s welfare and security. If you have a good divorce attorney, they will direct you in the proper manner.