Divorce

Georgia Divorce.

To file for a divorce in Georgia you must be a resident for at least 6 months to file for the divorce, a divorce in Georgia is referred to as a petition for divorce.  You also must be a resident of the county you reside in to file for divorce.  It is also allowed for a person to move out of state, but to file for the divorce against the other spouse, they must have lived in Georgia for at least 6 months, and the current spouse you are filing against must reside there. To get a divorce in Georgia you can simply state that the marriage is irretrievably broken and that there is no condition of you getting back together, which results in a divorce.  In Georgia, you do not need to show any wrong doing of the other spouse in order to get the divorce.  In some states you do need to prove that there was a wrong doing in the marriage to go through with the divorce process or marriage counseling is ordered, but both must be in agreement of the divorce when the papers are served. In the divorce process if both spouses are not in an agreement of the divorce, then the spouse filing for the divorce must prove one of the following or even more, for the divorce process to go through. 
  1. That the person is mentally incapable.  Then the divorce process can proceed.
  2. That the other spouse committed adultery.  Then the divorce process can proceed.
  3. That they were deserted in the marriage for at least a year, and not taken care of.  Then the divorce process can proceed.
  4. Alcohol or a drug addiction that has worn the marriage down.  Then the divorce process can proceed.
  5. Abuse and cruel treatment in the marriage, it is good to keep document and pictures if you are being abused.  Then the divorce process and proceed.
  6. A mental illness that is not treatable or curable.  Then the divorce process can proceed.
  7. That the wife was pregnant by another man other than her husband, during the marriage.  Then the divorce process can proceed.
  8. Sexual abuse against their children.  Then the divorce process can proceed.
 The divorce process which is the petition for divorce begins when papers are filed for divorce in the Superior Court.  The other spouse will then be served with the divorce papers, and they will be given a descent amount of time to respond.  In Georgia a divorce can not just grant a divorce If it is irretrievably broke down until thirty days after the other spouse is served with the divorce papers.  If both spouses are in agreement of the divorce and all debt division, property division, .child custody, and child support, then the divorce can take place without going to trial.  If there is any argument on any of these issues or the marriage, the divorce must go to trial, and also if there is a argument on the divorce, the other spouse must prove what was wrong in the marriage. 

 

Posted: Jan 15 2008, 07:43 AM by Divorce | with no comments
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