is a “no fault” divorce?
obtain a divorce on this basis (irretrievably broken),
one party must establish that he or she refuses to live
with the other spouse and that there is not hope of
is not necessary to show that there was any fault or
wrongdoing by either party.
there a residence requirement for getting a divorce in
one spouse must have lived in the Sate of Georgia for 6
months or Georgia must have been the last docile of the
does one “file for a divorce”?
person seeking the divorce (The Plaintiff) will file a
complaint with the appropriate Superior Court.
The Complaint includes information on the
marriage including present living arrangements, children
of the marriage, assets and debts, and the specific
reason claimed for seeking a divorce.
A copy of the Complaint will be served on the
other spouse (The Defendant) by a representative of the
should I do if I receive a Complaint for Divorce that my
spouse has filed?
spouse who receives the Complaint should promptly
consult a layer. The
spouse may contest the reason claimed for the divorce or
contest the claims for child custody, child support,
alimony, or property division by filing an Answer with
the court. If
however, an Answer within 30 days the right to contest
may be lost.
I go to court to get a divorce?
may be able to reach an agreement resolving all issues
arising from the marriage, including finances, division
of property , and custody and visitation of children.
The agreement is presented to the Court as a
Settlement Agreement and upon approval, made an Order of
the Court. The
Court’s order, called a Final Decree, concludes the
however the parties cannot reach an agreement, then the
issues will be resolved by the judge or the jury.
However, a judge always decides matters of child custody
long does it take to get a divorce?
parties are in agreement, the divorce is considered
uncontested divorce may be granted 31 days after the
Defendant has been served with the Complaint for
the parties involved are in disagreement as to any
matter, the divorce will be obtained when the cases
reaches the Court, which can take many months.
are child support obligations?
Georgia both parties are required to support their
children until a child reaches 29, dies or graduates
from high school, marries, or joins the military.
Whichever event occurs first.
The noncustodial parent will be required to pay a
reasonable amount of support to the custodial parent
towards the child’s living expenses.
Child support, in addition to a monthly or weekly
sum may also include such items as health insurance and
payment of medical and dental expenses.
Support Guidelines went into effect on July 1, 1989.
These guidelines establish an amount of child
support as a percentage range of gross income of the
noncustodial parent, based upon the number of children.
For one child the percentage range is 17-23% of
the gross income of the noncustiodial parent; for two
children, the percentage range is
for three children the range is 25-32%; for four
children, 25-35%; and for five or more children, 31-37%.
The court can deviate from the guidelines in
allocating child support based on factors that include
the ages of the children, day care costs, education
costs, amount of debt, and obligations to another
my spouse and I agree on all matters pertaining to
getting a divorce, do we still need a lawyer?
lawyer will ensure that all matter that should be
resolved in a divorce are resolved.
Acting without a lawyer could end up being a
costly mistake both to the parties involved and to their