Getting a divorce in Georgia is a complicated process, even if your divorce is uncontested. When beginning a divorce, the first step will be to decide if you are filing a “fault” case or a “no-fault’ case.
In a fault case, you allege that your spouse did something wrong that led to the decline of the marriage. There are 12 grounds for an at-fault divorce in Georgia, including adultery, substance abuse, desertion, and abuse or cruelty.
No-fault divorce does not ask you to provide a reason for the divorce except to state that the two of you have “irreconcilable differences.” Basically, you don’t get along.
What Paperwork Do You Need to File for Divorce?
You will need to file paperwork with the county superior court. The petition will address information about the parties, such as their names and birth dates; information about the children, including your custody, visitation, and child support preferences; and your desires about how to split up assets and debts.
Along with the Petition, you must complete and submit a Summons. The Petition for Divorce and the Summons must be “served” on the other spouse.
“Serve” is a technical legal term in this instance. It means that a person unconnected to the parties (usually the county sheriff or a private service agency) will find your spouse and place copies of the Petition and Summons directly in their hands. You must provide the court with written proof of service as soon as it is attainable.
Once the Petition has been served, the respondent must file an Answer. It will match the Petition paragraph by paragraph, stating whether they agree or disagree with your positions and requests.
Distribution of Property: Community Property vs. Equitable Distribution
In the United States, there are two forms of property ownership during a marriage. In certain states, all property acquired during the marriage belongs to both people and will be split evenly. This form of ownership is called “community property.”
The other form is called “equitable distribution,” and it is the form of ownership that Georgia recognizes. The division of property is not necessarily 50/50, but instead will be given to each party based on several factors (described below).
Georgia courts have complete discretion on how to distribute marital property when you are getting a divorce. Some of the factors that Georgia courts decide when distributing marital property during a divorce are the following:
- The future needs of each party;
- The financial status of each party;
- If any misconduct of wasting assets occurred during the marriage;
- The behavior of each party during the divorce; and
- If the divorce was at fault or no-fault.
Debts
Any debts you and your spouse acquire during marriage are considered marital debt, and both parties are responsible for those amounts. Your marital debt will be split fairly but not necessarily 50/50. Courts may take into account who was responsible for accumulating most of the debt, the ability of one party to pay debt more readily, and other factors.
Secured debts are usually treated differently than unsecured debts in a divorce. Paying secured debts, such as mortgages or car loans, may rest only with the spouse who is keeping the home or the car. Refinancing is usually necessary to put the asset solely in the name of the spouse retaining it.
What if There Are Children Involved?
Two of the most challenging areas in a divorce involve financial support for the couple’s children (child support) and custody.
Child Support
Child support in Georgia is calculated by using the official Georgia Child Support Guidelines formula. It takes several factors into consideration, such as the parents’ income and the amount of time the children will be spending with each parent.
If a parent does not pay the required amount, they can be found in contempt of court. The offending parent can be fined, sentenced to jail, or both.
Custody
Like most other states, child custody in Georgia is guided by the best interests of the child when making custody determinations. In Georgia, both parents are considered equal when it comes to custody. As such, the court may award joint custody or sole custody depending on the circumstances of each individual case.
Joint legal custody means that both parents will have decision-making power over important issues that will affect a child. Physical custody is different and is a determination of which parent the child will live with. Joint physical custody rarely means that children will live with each parent for an equal amount of time. The actual amount of time each parent spends with the children is determined by a visitation schedule that the parents can work out.
A parenting plan is required as part of a divorce settlement and any custody agreement. The plan will outline the following:
- Where the children will spend each day of the year;
- Who will get the children on holidays and vacations; and
- How parents will make decisions about the children’s health, education, religious issues; and other related matters.
Do I Need to Pay Alimony? Or Will I Receive Some?
Alimony is granted in Georgia only in limited situations in comparison to other states. It can either be rehabilitative or permanent.
Rehabilitative alimony is granted in the short-term and is intended to help a spouse get back on their feet by allowing them to go back to school or seek training or skills that will make them competitive in the job market. A spouse who has been a homemaker throughout a marriage is a typical recipient of rehabilitative alimony.
Permanent alimony is awarded long-term and may continue until the death of the person who receives it. It is usually awarded when one person can no longer work due to age, physical or mental illness. This will be terminated if the receiving spouse remarries.
There is no specific procedure for deciding how much alimony may be awarded and for what period of time. Judges have a fair amount of leeway when deciding this issue.
According to Georgia law, the following points must be considered when determining if alimony should be awarded:
- The financial resources of each party;
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and the physical and emotional condition of both parties;
- Where applicable, the time needed for either party to acquire sufficient training or education to enable them to find employment;
- The contribution of each party to the marriage; and
- The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties.
Do You Need a Divorce Lawyer?
It can sometimes be difficult to tell what all your options are in a divorce. You may need to hire a qualified Georgia divorce lawyer if you need advice or representation regarding any type of legal issues.
An attorney can advise you on how to proceed, and can also inform you of the possible outcomes and consequences of each option. The attorney will draft all of the necessary documentation on your behalf. If you need to appear in court or attend any meetings, your lawyer can be there to represent you.
If your spouse has a lawyer, you should consult with an attorney as soon as possible.
