Divorce Laws in Spalding County, Georgia
The legal nature of the marriage relationship outlines very specific rights and responsibilities. As a result, the decision to divorce requires legal intervention to officially dissolve the union and decide matters such as alimony and property division. While the process of divorce follows a similar course of action state to state, variances in the laws of each do occur in terms of residency requirements, acceptable grounds and how the court divides property among other things. Georgia divorce law applies statewide and remains the same from county to county.
Other People Are Reading
-
Residency
-
In order for a Georgia court to have jurisdiction over the divorce proceedings, the petitioner (person filing for the divorce) must have lived in the state for at least six months or at least one year if a member of the military. Non-residents can file for divorce in Georgia if the others spouse has lived in the county of filing for at least six months.
Grounds
-
Georgia grants several grounds for divorce including but not limited to irreconcilable differences, adultery, desertion for at least one year, substance abuse, conviction of a crime that results in at least two years imprisonment, cruelty and incurable mental illness in which at least two doctors verify such and the person has been institutionalized for at least two years prior to filing. State law prohibits the court from finalizing a divorce on grounds of irreconcilable differences for at least 30 days.
-
Dispute Resolution
-
In instances where the parties cannot agree on aspects of the divorce, such as spousal support or property division, state law permits the judge overseeing the case to require the spouses take part in alternative dispute resolution.
Property Division and Alimony
-
Georgia divides property equitably---this implies fair but does not necessarily imply equal. Unlike many states, Georgia statutes do not specifically outline what factors the court considers when determining its decision.
Georgia law permits alimony payments but any spouse found guilty of desertion or adultery does not qualify for alimony. The courts can consider marital conduct in determining alimony as well as other factors such as duration of the marriage, financial standing of each spouse and future earning capacity, health, standard of living, value of non-marital property and contribution to the marital estate.
-
References
- Photo Credit marriage image by Mykola Velychko from Fotolia.com
