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What are the requirements for divorce in Georgia?

| Mar 25, 2019 | Family Law, Firm News |

Residency requirement

To get a divorce in Georgia, you or your spouse must have been a resident of Georgia for at least six months before the petition for divorce is filed. If you file for divorce, you must do so at the Superior Court in the county your spouse lives in. If your spouse does not live in Georgia, you may file in your own county.

Legally valid reason

You must also have a legally valid reason, called a ground, for divorce. Grounds for divorce, include the following:

  • Intermarriage between relatives
  • Mental incapacity at the time of the marriage
  • Impotency at the time of the marriage
  • The marriage occurred because of force, menace, duress or fraud
  • The husband did not know that the wife was pregnant with another man’s child at the time of the marriage
  • Adultery after the marriage
  • Willful desertion for at least a year continuously
  • A sentence of imprisonment for two years or more for an especially offensive act
  • Habitual intoxication
  • Cruel treatment
  • An incurable mental illness under specific circumstances
  • Habitual drug addiction

You can also ask for a divorce on the ground that the marriage is irretrievably broken. If you use this ground, the court cannot grant the divorce until at least 30 days have passed since your spouse was served the divorce papers.

Ending a marriage is never easy. However, if divorce is the most appropriate action for your situation, it can be helpful to verify that your situation meets the legal requirements before you initiate this change.