Divorce Laws in Georgia

At Schiavone Law, we know how difficult divorce can be. If you are facing a divorce, we want to make sure you are informed. Here are some of the decisions you may face as part of the process:

  1. Fault – There are two options in Georgia that affect the other four decisions you must make:
    1. No-fault means that a party in the marriage has decided that it is irretrievably broken. That party does not have to prove wrongdoing. This is the most common option.
    2. You can claim fault on 12 different grounds, including desertion, mental illness, adultery, habitual drug or alcohol abuse, cruel treatment, and others.
  2. Property Distribution – Georgia is an equitable distribution state, which means the courts will encourage the division of property in a fair (but not necessarily equal) manner. There are no specific guidelines about division of property written into the law, although jury decisions must be followed.
  3. Spousal Support or Alimony – The court considers many factors, including the length of the marriage, how much each party contributed to the estate, age, health and future earning power. There is an exemption if the spouse is guilty of desertion or adultery.
  4. Child Custody – If parents do not agree, the courts will try to help them determine what is best for the child, including the suitability of the parents and the wishes of the child. Unless there is a history of violence, they try to find a way for both parents to stay involved through visitation and custody agreements. A child 14 or older may choose where they want to live.
  5. Child Support – Georgia law bases child support on the percentage of income of the supporter. Many other considerations do come into play, including the age and educational requirements of the children, in kind contributions and extreme economic hardship.

It can be a stressful and sometimes devastating process. We work hard to resolve cases in an amicable fashion. Contact us today for a free consultation.

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