In Georgia, you do not have to prove your partner’s contribution to the failure of your marriage. Attorneys refer to such a divorce as no-fault based. However, this does not bar you from raising serious allegations that led to your decision. You can cite reasons such as adultery or domestic violence. Besides, you have to meet basic requirements before you file for divorce.
According to FindLaw, a legal website in Georgia, you cannot file for divorce unless either of the involved parties has been a resident of the state for at least six months before presenting divorce papers. Furthermore, the law allows only the person who has been a citizen for that period to file for divorce and not the other.
Disagreements are common among couples. Courts want to be sure you are not making hasty decisions or acting on your emotions. Therefore, the law allows a 30-day waiting period before the divorce process kicks off. That period is to allow both parties to make a final decision to either divorce or reconcile. Even if you agree to divorce as soon as possible, the court will begin the process after the waiting period expires.
If you want to file for a fault-based divorce, then you must prove that your partner is at fault. The evidence you provide to support a fault-based divorce must show that the marriage cannot work under any circumstances, and divorcing is the only way out. A fault-based divorce takes longer to process than a no-fault divorce because of the evidence required in the former.
The information in this article is only for educational purposes and should not be interpreted as legal advice.