Georgia Divorce Laws

Getting a divorce can be a complex and messy process. However, a good divorce attorney can make the whole procedure quick and less painful.

Divorce includes a number of legalities that deal with the separation between a husband and wife. All such issues would be taken care of by a family law practitioner or an exclusive divorce lawyer specializing in that field. Interests of both the parties need to be considered during a divorce proceeding. It could be a difficult time for the whole family, and compassion, understanding and sympathy need to be part of the parcel of every divorce attorney.

The state of Georgia has a no-fault divorce policy. This means that the state does not require reasons for divorce, and the courts try to make the process as painless as possible for both parties. However, the division of assets and child custody require reasons for attainment of such. As in other states, Georgia accepts a divorce filing on the grounds of irreconcilable differences or irretrievable breakdown. Also, divorce is allowed when the partners have separated for more than a year prior to filing for the divorce. In such situations that case becomes an uncontested divorce and can be granted even when either party applies for divorce without both filing for the divorce together.

The court gets to decide who gets custody of the child. However, custody-related matters need to be finalized before the divorce is granted. The court would decide child support and custody matters while looking out for the child's best interests, in the event that the parents are unable to decide who receives the custody of the children after the divorce. Some judges would allow the child to decide which parent he stays with. But this is usually when the child reaches an age where the parents cannot bribe or entice the child to pick them, and the child is able to take independent decisions.

When granting a divorce, the court decides on property and debt assessment, tax issues, prenuptial agreements, Social Security benefits, life insurance, disability benefits, personal injury money as well as gifts that both received while together, along with the attorney fee. In the event one of the parties is unable to bear the cost of attorney fees then they can file for counsel fee pedente lite. Other than these, financial and spousal support when relating to child custody and alimony is also taken into account. In Georgia, either party can provide alimony and, depending on the lifestyle they have been used to, the court decides the amount. Any business that was started must be considered when the partners break up. As per Georgia divorce laws, all the financial assets and properties must be divided fairly and equitably, even when they cannot be distributed equally between both the parties.