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Divorce Guide |
Georgia Divorce RightsDivorce is defined as a legal settlement reached by the spouses, when they have decided to part ways and separate for the rest of their lives. In Georgia in order to make the case acceptable by the court, the residency requirements have to be met by the petitioner. It is mandatory that the petitioner has to be a resident of the state for a period of six months. The spouse who initiates the filing procedure is called the petitioner and the spouse who receives the initial divorce papers is called the respondent. The Superior Court of the county is the court where petitioners file their divorce cases. Some of the important documents required at the time of filing the petition are the decree of divorce, petition for divorce and final judgment. Domestic relations financial affidavit, disclosure statement, marital settlement agreement and the affidavit regarding custody is also required so as to start the proceedings of the case. The ground on which a petition for divorce may be filed in Georgia is divided in two categories. These two categories are No Fault and Fault categories. Grounds under the No Fault and Fault categories are considered to be sufficient so as to authorize the grant of a divorce. When the marriage is considered to be irretrievable broken down is the No Fault category. The intermarriage by any of the spouses, impotency, mental incapacity, desertion by either of the spouses, pregnancy of the wife at the time of marriage by a man other than the husband, cruel treatment, habitual addiction to drugs, life imprisonment and fraud in the marriage are some of the grounds which fall in the Fault category. Georgia is a state which follows the principle of equitable distribution of resources. The property, hence would be distributed equitably after the dissolution of the marriage. It is to be noted that equitable means a fair distribution and not equal distribution. Also it is not mentioned in the divorce laws of Georgia as to what factors are considered while exercising the principle of equitable distribution. Support by the spouse and the alimony awarded to either of the parties is bases on a number of factors which include the length of the marriage, resources available to the parties, age and health of the parties etc. While deciding on the child support issue, the percentage of income formula is used by the child support guidelines of Georgia. The percentage of income formula takes into consideration the age of the child, educational costs, child’s medical costs, daycare costs and any other factor which the court may declare important.
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