Georgia Divorce Laws and Resources
The following information is a resource on Georgia divorce law, child custody, and support. Locate divorce lawyers, separation and divorce forms, calculate child support, and find support services. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersMediators Financial Planners Mortgage Specialist Private Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersDivorce and Separation FormsOnline Divorce Divorce Form Preparation Family Law ResourcesDivorce LawsChild Support Guidelines Georgia Child Support Calculator Child Support Enforcement |
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DIVORCE LAWYERS AND FIRMS
Need a Divorce Lawyer?
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whom to contact.
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Georgia. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your Georgia divorce form preparation today.
MEDIATORS
ACCORD Mediation, Arbitration, and Conflict Resolution970 Sidney Marcus Blvd, Suite 1203
Atlanta, Georgia 30324
Phone: 678-520-2866
FINANCIAL PLANNERS
Ameriprise FinancialMichael Perez & Brad Campbell
3490 Piedmont Rd. Suite 110
Atlanta, GA 30305
Phone: 404-237-9229
MORTGAGE SPECIALISTS
Brad Phillips
Mortgage Master Inc
Fayetteville, Georgia
Bad advice can lead to a drop in credit scores of both parties in a divorce and make it very difficult to refinance the home or purchase a new property to live in. Brad Phillips, Mortgage Specialist, will work with you to determine the best solution for your circumstance.
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Conduct Background Checks and Investigations - Obtain vital statistics, marriage and divorce records, credit record checks, criminal and court records, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
DOMESTIC VIOLENCE RESOURCES
Domestic Violence SheltersDomestic Violence Crisis and Support Services
DIVORCE LAW
Georgia Domestic Relations CodeRESIDENCY REQUIREMENTS: To file for a divorce in Georgia, at least one spouse needs to be a resident of the state for six months before filing a petition for divorce. [Based on Georgia Code - Section: 19-5-5]
LEGAL GROUNDS FOR DIVORCE: The following grounds
for divorce are recognized in the state of Georgia: (1) marriage between
close blood relations; (2) Mental
incapacity at the time of the marriage; (3) Impotency at the time of the
marriage; (4) Force, menace, duress, or fraud in obtaining the marriage; (5)
Pregnancy of the wife by a man other than the husband, at the time of the
marriage, unknown to the husband; (6) Adultery in either of the parties after
marriage; (7) Willful and continued desertion by either of the parties for the
term of one year; (8) The conviction of either party for an offense involving
moral turpitude, under which he is sentenced to imprisonment in a penal
institution for a term of two years or longer; (9) Habitual intoxication; (10)
Cruel treatment, which shall consist of the willful infliction of pain, bodily
or mental, upon the complaining party, such as reasonably justifies apprehension
of danger to life, limb, or health; (11) Incurable mental illness; (12) Habitual
drug addiction, consisting of addiction to any controlled substance as
defined in Article 2 of Chapter 13 of Title 16; (13) Irretrievable breakdown of
the marriage. [Based on Georgia Code - Section: 19-5-3]
LEGAL SEPARATION: When spouses are living separately, either
spouse may petition the court for alimony or child support without
having a divorce pending. The other party shall be notified of
such a petition, and the judge can grant such an order, to be enforced
in the same manner as a divorce. [Based on Georgia Code - Section: 19-6-10]
MEDIATION OR COUNSELING REQUIREMENTS: In contested divorce cases, the judge may refer the couple to an appropriate alternative dispute resolution program prior to a trial, if such method is reasonably available without additional cost to the parties. [Based on Georgia Code - Section: 19-5-1]
PROPERTY DISTRIBUTION: Georgia is an equitable distribution state. At this time, there are no statutes regarding what the court considers when distributing the property in a divorce case. Generally, the separate property of each spouse shall remain the separate property of that spouse. [Based on Georgia Code - Section: 19-3-9]
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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Alimony may be awarded on either temporary or
permanent basis. A party shall not be
entitled to alimony if it is established by a preponderance of the evidence that
the marital discord was caused by that party's adultery or
desertion. Alimony may be awarded in accordance with the needs
of the party seeking alimony, and the ability of the other party to pay.
Unless otherwise provided, alimony shall end upon the remarriage of the party
receiving alimony. In determining whether
or not to grant alimony, the court shall consider evidence of the conduct of
each party toward the other. The following shall be considered in determining
the amount of alimony, if any, to be awarded: (1) The standard of living
established during the marriage; (2) The duration of the marriage; (3) The age
and the physical and emotional condition of both parties; (4) The financial
resources of each party; (5) The time necessary for either
party to acquire sufficient education or training to enable him to find
appropriate employment; (6) The contribution of each party to the marriage,
including, but not limited to, services rendered in homemaking, child care,
education, and career building of the other party; (7) The condition of the
parties, including the separate estate, earning capacity, and fixed liabilities
of the parties; and (8) Such other relevant factors as the court deems equitable
and proper. [Based on Georgia Code - Sections: 19-6-1 and 19-6-5]
SPOUSE'S NAME: In all divorce actions, a party may enter a request for the restoration of a maiden or prior name. If a divorce is granted, the judgment or decree shall specify and restore to the party the name so requested for in the pleadings. [Based on Georgia Code - Section: 19-5-16]
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CHILD CUSTODY: Custody may be awarded to either parent based on the
best interest of the child or children and what will best promote
their welfare and happiness. If the child has reached the age of
14 years, the child shall have the right to select the parent with
whom he or she desires to live. The child´s selection shall be
controlling, unless the parent so selected is deemed unfit to have the custody of the child. In all cases
in which the child has reached the age of at least 11 but not 14
years, the court shall consider the desires, if any, and educational
needs of the child in determining which parent shall have custody.
The court at any temporary or permanent hearing may grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate. [Based on Georgia Code - Sections: 19-9-1 and 19-9-3]
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CHILD SUPPORT: Georgia uses an income-shares model to determine the
amount of child support. The court will consider the existence of special
circumstances and may adjust child support based on: (1) Ages of the
children. (2) A child's extraordinary medical costs or needs in addition to
accident and sickness insurance, provided that all such costs or needs shall be
considered if no insurance is available. (3) Educational costs. (4) Day-care
costs. (5) Shared physical custody arrangements, including extended visitation.
(6) A party´s other support obligations to another household. (7) Income that
should be imputed to a party because of suppression of income. (8) In-kind
income for the self-employed, such as reimbursed meals or a company car. (9)
Other support a party is providing or will be providing, such as payment of a
mortgage. (10) A party´s own extraordinary needs, such as medical
expenses. (11) Extreme economic circumstances including but not limited to: unusually high debt
structure or unusually high income of either party or
both parties, which shall be construed as individual gross income of over
$75,000.00 per annum. (12) Historical spending in the family for children which
varies significantly from the percentage table. (13) Considerations of the
economic cost-of-living factors of the community of each party. (14) In-kind contribution of either parent. (15) The income
of the custodial parent. (16) The cost of accident and sickness insurance
coverage for dependent children included in the order. (17) Extraordinary travel
expenses to exercise visitation or shared physical custody. (18) Any other
factor which the trier of fact deems to be required by the ends of justice, as
described below:
Child support continues until the child becomes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. A non-custodial parent may be ordered to provide insurance for the child or children for so long as he or she is obligated by this order to provide support. Where applicable, the court shall also include income deduction orders. [Based on Georgia Code - Section: 19-5-12] » Return to top

