Georgia Divorce FAQs
The truth about divorce is that it can feel scary, painful, and can cause a deep emotional, mental, and financial breakdown. From the litigation process to how marital property is shared and to who should have custody of the child, divorce can be challenging. So, if you're considering divorce in Georgia or you've started the divorce process already, you likely have many questions in mind. Leaving these questions unanswered can impact your view and lead to wrong decisions.
There is various legal, financial, real estate, and basic divorce information that you need to know when it comes to getting a divorce in Georgia. This is why we asked experts and experienced divorce specialists from the Irooze Divorce Directory to answer the common divorce FAQs, which include Georgia divorce laws, child custody, and support, and help you navigate the financial aspects of a divorce.
Having a team of supportive divorce specialists can help you seamlessly navigate your divorce process without feeling dejected, financially drained, and lost on the action to take after divorce. The Irooze divorce directory showcases a variety of certified divorce trained professionals, including Certified Divorce Specialist CDS, Certified Divorce Financial Analyst CDFA®, Real Estate Collaboration Specialist - Divorce RCS-D, Divorce Attorneys, Divorce Mediators, Legal Consultants, Realtors and Certified Divorce Lending professionals CDLP®- who can hold your hand and walk you through every aspects of your divorce process.
Knowledge is power. Arm yourself with educational information to help you navigate a Georgia divorce. Don't hesitate to contact any of our divorce-certified professionals if you have further inquiries or would like to schedule a free consultation.
Starting the Divorce Process in Georgia
How long does divorce take in Georgia?
If the divorce is uncontested, both parties have signed the settlement agreement, and the spouse has been served. The judge can grant the divorce after 31 days. There is a 30-day waiting period after filing the divorce. The judge would then handle the divorce decree when the divorce is officially granted. If the divorce is contested, it can take months or years, depending on the circumstances, discovery, depositions, and how the attorneys handle the situation. Mediation or arbitration can typically help with the time situation, and Judges may suggest or order this.
By Vikke Ford, Legal Consultant
How do I file for divorce?
Both spouses must have been residents of Georgia for at least six (6) months before filing for a divorce. One party files a divorce petition in the county in which you live. You must have service by a process server or sheriff on the other party. Unless you agree to the divorce, it is stated in the divorce filings and a settlement agreement signed by both parties. If it is contested or possibly contested, an answer must be filed within a specified time. Otherwise, the petitioner receives a divorce by default. Of course, service must be perfected. After 31 days, a court date can be requested, or discovery and other matters will fall into play if contested. When children are involved, the parties have to look at the child's best interest and the parent's ability to parent. The courts will typically review any settlement agreement, even if it is non-contested. The court will also address child support, as one party can't waive child support or agree not to pay child support. A calculated system in Georgia is handled for child support.
Watch this insighftul video by Vikke Ford, Legal Consultant, to understand the benefit of having a legal consultant on your divorce team:
What are the different kinds of divorce?
In Georgia, there are two types of divorces. One is no-fault, considered an irreconcilable difference, while the second is fault-based. Several examples of this are kinship marriages, where there is intermarriage, coercion, and fraud, such as being married to someone else at the time of the marriage, incurable mental illness, desertion, and fraud in entering the marriage contract.
By Vikke Ford, Legal Consultant
Navigating the Legal Aspect of a Georgia Divorce
Is Georgia a 50/50 state?
No, Georgia is not a 50 50 divorce state. While the result may be 50-50, Georgia law does not guarantee equal divorce division of marital property. Georgia is not a community property state; instead, the state of Georgia is an equitable division state. This means that in a Georgia divorce, marital property is divided equitably or fairly upon divorce.
Can you get a divorce in GA without going to court?
If you qualify for an uncontested divorce, you may not need to appear in court, you can file the paperwork on your behalf, and the divorce can be made final in as little as one month. You probably have an uncontested divorce if you and your spouse agree on shared property and finances.
Do you have to be separated before divorce in GA?
Georgia does not require spouses to physically separate before filing for divorce. Under Georgia law, the only requirement to file for divorce is that both parties must suspend "marital relations" with the intent to divorce. So, no specific timeframe for separation is required in Georgia to get a divorce.
The Basics for Child Custody & Support in Georgia
How is child support calculated?
Georgia uses the "Income Shares Model" to calculate child support. This model estimates the total amount parents spend on a child in an intact family unit and then splits this amount proportionately according to the parents' incomes. (Ga. Code § 19-6-15 (2022).)
Is custody typically awarded to the Mother or father in GA?
The law in Georgia promotes an unbiased approach to custody. The factors the court looks at have to do with the child's age and how able the parents are to provide for the child; one parent travels all week for their job, for example, whereas one parent works from home or locally. Other factors include any history of neglect or abuse, domestic violence, substance abuse, and the relationship of the child to each of the parents. It is known that in some counties in Georgia, there is a bias toward the mother over the father. An attorney can advise you on this as they know the counties they practice and where your divorce occurs.
Vikke Ford, Legal Consultant, has outlined the importance of being an independent woman before and after a divorce. Watch this to know more:
At what age can a child decide which parent to live with in GA?
In Georgia, a child may qualify to change a custodial parent's custody of them depending on certain material circumstances. A guardian ad Litem will be appointed in the child's best interest. The age for this to occur is 14. There are many factors in this, and a custody election is looked at with all the evidence involved. The standard is the "child's best interest."
By Vikke Ford, Legal Consultant
Can a mother move a child away from the father in GA?
Unless the non-custodial parent agrees, Georgia's child custody relocation laws require a judge to decide about the move. This ensures the move is regarded in the children's best interest and does not negatively interfere with the non-custodial parent's rights to visitation.
How far can a parent move with joint custody in GA?
This area of law needs to be formally addressed by an attorney. Because so many factors are involved, only a licensed attorney specializing in child custody can adequately address this.
By Vikke Ford, Legal Consultant
Can I move out of state with my child without father's permission in Georgia?
Under Georgia Law, there is a 30-day notice requirement if a custodial parent wants to move out of state. This is a mandatory law. The parent must notify the other parent at least 30 days before the move. This applies not just to parents but to anyone who has visitation rights. A change of circumstances affecting the child's best interest will be examined. When a relocation occurs, a child aged 11 to 14 requesting to stay with the parent or move with the parent with custody will be carefully looked at by a Judge, with the overriding child's best interest at the center. If the parent opposes the ex-spouse's relocation, a hearing will be had unless the parents can agree. There have been cases involving this matter, and it is best to hire an attorney when these issues arise. The competing needs of the parents will be weighed with the child's best interest.
By Vikke Ford, Legal Consultant
The Financial Effects of Divorce in Georgia
What is the average cost of a divorce in GA?
The average cost of a divorce in Georgia is reported to be $14,700 for cases without children and $22,000 for divorces involving children. However, the actual cost of a divorce in Georgia can vary depending on various factors.
What is a wife entitled to in a divorce in GA?
Under Georgia law, a wife is entitled to an equitable share of the marital property. This may not equate to an equal division of assets, but the court will aim for a fair split between both parties. The court may grant specific entitlements to the wife depending on the circumstances. These include spousal support, child support, and asset distribution. In fault divorce cases where the wife demonstrates that her spouse acted wrongly, the judge may also award the wife child custody and a more significant portion of assets.
What is a husband entitled to in a divorce in GA?
Under Georgia law, a wife is entitled to an equitable share of the marital property. This may not equate to an equal division of assets, but the court will aim for a fair split between both parties.
Spousal maintenance- is it mandatory, customary, or rare?
Georgia does not have any specific rules or regulations regarding alimony. The court's inequity will determine the amount and length of alimony. This means that the court will consider all of the parties' financial needs and abilities and decide what the requesting party needs, how long it can pay off the other party, and how long it will be paid.
Is alimony required or mandatory in GA?
No, the law does not give a right to have alimony. The judge may examine circumstances to determine if one party can receive alimony. Sometimes, alimony will be given during the divorce process until more discovery is made or the divorce is over. Some areas where alimony might be given in Long-term marriage, a spouse was a homemaker and raised the children while the other spouse worked; a spouse is not capable of making a living or supporting themselves at the time of the divorce, splitting the assets would not provide enough support to live apart or one spouse needs time to earn enough job skills to be able to provide for themselves. These are just a few examples. The length of the alimony depends on too many issues to address without an attorney's advice.
By Vikke Ford, Legal Consultant
What disqualifies you from alimony in GA?
Alimony in Georgia is not guaranteed as part of your divorce. Circumstances such as adultery or abandonment nullify the spouse's right to request spousal support. Typically, spousal support is awarded for a spouse ending a long-term marriage (10+ years) where one spouse has minimal income-earning potential.
How much alimony does a wife get in GA?
There are no set formulas for calculating spousal support in Georgia. The financial support calculation process could be considered subjective and arbitrary. The basis for any award of support (alimony) is generally "the needs of one spouse" and "the ability to pay by the other spouse."
How long does spousal support last in GA?
Georgia spousal support can be short-term, diminishing, long-term, or lifelong, depending on the circumstances. However, modern courts tend to favor short-term and diminishing alimony in most cases where both spouses can work.
- Short-term spousal support may only last a few months and is sometimes assigned to help a lower-earning spouse who was surprised by the divorce and did not have time to prepare for an end to marital finances.
- Rehabilitative alimony may last a specific amount of time, follow the diminishing model, or end when the receiving spouse completes their job training phase and has a supporting job.
- Permanent alimony is not necessarily permanent, although it can be assigned until one or both spouses die. Instead, it simply means 'long term'. Permanent alimony may be reduced or canceled under certain circumstances or with a renegotiation in a few years.
What is the 10-year rule in GA?
Alimony in Georgia is not guaranteed as part of your divorce. Circumstances such as adultery or abandonment nullify the spouse's right to request spousal support. Typically, spousal support is awarded for a spouse ending a long-term marriage (10+ years) where one spouse has minimal income-earning potential.
How are debts separated and paid off?
Georgia law requires that marital debt be divided equitably between the divorcing parties, with each spouse responsible for a fair share of the debt. Working with skilled family law attorneys in Alpharetta can reduce the chances of inequitable debt division.
Alternatives to Litigation in Georgia
Does Georgia require mediation for divorce?
Unless a court grants an exemption, certain Georgia counties mandate that parties to contentious divorces or other domestic cases arrange mediation sessions shortly after the first petition is filed.
How long does it take for a divorce to be final after mediation in Georgia?
The average mediated divorce takes six months to finalize—childless divorces with little disagreement over property division are the quickest.
What happens if divorce mediation fails in Georgia?
If mediation cannot result in an agreement, your case will be heard in divorce court as a contested divorce.
How does mediation work in Georgia?
Divorce mediation is a helpful method for settling significant issues between divorcing parties, such as property distribution, alimony, and child custody and support. Using this approach, a third-party mediator helps the couple discuss things and reach a mutually acceptable settlement. Unlike a courtroom, mediation offers a confidential venue for settling disputes during a divorce.
This video by Vikke Ford, Legal Consultant, explains how you can manage your emotions during a divorce:
Is mediation mandatory in Georgia divorces?
Georgian courts may mandate that divorcing couples attend mediation before a divorce goes to court. Mediation involves an impartial third party who can help steer the discussion and keep everyone focused on coming to a mutually agreeable solution, which can be very helpful.
How much does a mediator cost in Georgia?
If the ADR Office assigns the mediator, the cost is $100 per hour, with a minimum of $200 for two hours. The fee is to be split equally between the parties, and payment for the mediation must be made during the session.
Do I still need a lawyer if we go to meditation?
You do not always need to be an attorney to participate in mediation directly. You probably won't need a lawyer during mediation, as it's an attempt to settle your dispute amicably rather than going to court. Because the mediation process isn't overly restrictive, most people have no trouble managing it alone.
But, before the mediation, you might want to consult an attorney to legalize the settlement agreements. This is especially important if your case involves a lot of property or legal rights.
Do we get one mediator for both of us, or do we each need our mediator?
You only need one expert mediator. Couples can work through their differences more peacefully and without the difficulties of going to court through mediation. Switching between mediators defeats the objective.
What are the advantages of mediation?
Many see mediation as a more expeditious, economical, and cooperative way to resolve disputes than they do litigation. Divorced spouses can benefit significantly from it. Among the benefits are:
Parties now have greater control over how their dispute is settled. Through mediation, the parties immediately concerned in the dispute take over decision-making authority from a judge or jury.
Mediation costs a lot less than going to court. It can save expenses and alleviate stress because it requires less time and resources than traditional litigation.
Litigation moves far more slowly than mediation. Instead of taking months or years to resolve, cases handled through mediation typically take only a few weeks, allowing parties to go on with their lives sooner.
What are the disadvantages of mediation?
Mediation has much to offer for couples looking for a workable and peaceful way to work out their differences and reach a fair agreement. Nevertheless, mediation has a few drawbacks:
Since the mediator cannot compel the couple to agree, the parties must be willing to make compromises. In the end, the couple decides whether to reach a peaceful conclusion.
If mediation doesn't work, can we still go to court and be ahead of a judge?
Often, mediation produces positive outcomes. However, arguments may still arise even if a couple is committed to the mediation process. If mediation is unsuccessful, you may still argue your case before a judge, who will decide on the divorce.
Real Estate and Property Division in a Georgia Divorce
What is property division in a GA divorce?
Divorce property division in Georgia is governed by equitable distribution, which aims to divide marital assets fairly but not equally. Property is first classified as either marital, which includes assets and debts acquired during the marriage, or separate, which includes what was owned before marriage or received individually as gifts or inheritance. The court considers various factors such as each spouse's contributions, the length of the marriage, and each party's financial needs and potential future earnings. Based on these considerations, the court determines a fair division of property tailored to the specific circumstances of the divorce.
Lauren Loper, RCS-D has provided the necessary tips to avoid pitfalls in real estate transactions during a divorce. See it here:
Is everything split 50/50 in a divorce in GA?
Georgia divorces split assets in an "equitable" manner. This does not mean a 50/50 split of everything, but rather that both spouses receive roughly half of all shared value from marital property.
Does my spouse have any right to my house if I owned it before marriage in GA?
This is one of the questions in my real estate law quite frequently. Georgia is a marital property state, not a community property state. If you and your spouse both bought a home during the marriage, then the equitable approach as to what it sells for or is valued as to other assets is used. When you and your spouse have lived in the home you bought before the marriage, which is entirely in your name, it is separate property. You are the original owner, so it is a separate property. Various issues play, such as if the other spouse invested in renovating the home at a significant cost, then that cost could be entertained as marital property unless it is considered a Christmas or birthday gift. Yet, the house itself is a separate property. In coming to terms with the marital split, the costs of the renovation could be determined as marital. Again, a lawyer must be advised on this topic, as case law can change in one court case.
Remember, if you own your home at the time of marriage and marriage and decide to refinance and put your spouse on the deed. Still, not the note, it becomes both parties' marital property,, even if the other party never pays a dime in contribution.
By Vikke Ford, Legal Consultant
Property in Georgia owned before marriage is typically considered separate and not subject to division in divorce. This means that if you owned your house before getting married, it is generally recognized as your individual property. However, if, during the marriage, joint funds were used for improvements or mortgage payments on the house, your spouse might be entitled to a portion of the appreciation in value resulting from those contributions.
By Lauren Loper, Realtor, RCS-D
If children are involved in the divorce, is the mother consistently awarded the marital home in Georgia?
The decision to award the marital home in a divorce in Georgia does not automatically favor the mother, even when children are involved. Instead, the court considers multiple factors to determine the children's best interests, including the stability and continuity of their living situation. Both parents' financial circumstances, ability to maintain the home, and the home's proximity to the children's school and social activities are also taken into account. Ultimately, the assignment of the marital home is based on what arrangement best supports the children's needs and overall welfare rather than a preset rule favoring one parent.
By Lauren Loper, Realtor, RCS-D
Does the spouse who gets the marital house receive any money from the divorce in Georgia to help with maintenance costs?
In Georgia, whether the spouse who receives the marital home also gets financial support for its maintenance can depend on the overall divorce settlement and negotiations. The courts may award alimony or spousal support, which can be used to help with the house's upkeep, depending on the financial circumstances of both parties. Additionally, the division of marital assets might include provisions that allocate funds specifically for home maintenance. This financial arrangement is tailored to ensure both parties achieve a fair and equitable settlement, which may or may not include additional funds for maintaining the home.
Watch here to hear Lauren Loper, Realtor, RCS-D share the documents required should you think of selling your home during divorce:
Next Steps whether you are contemplating divorce or separation in Georgia
Option #1: We are here to help you!
Going through a divorce process in Georgia comes with a variety of challenges and can be emotionally and mentally draining. It even gets worse when kids are involved, and the divorce is contested. You need the help of a divorce professional to help you navigate the divorce process. At Irooze, we aim to help divorcing couples make headway with their divorce by providing the support and guidance needed.
Take the free self-assessment to help you have a proper understanding of what stage you currently are in your divorce, the challenges you may be facing, and the problem areas you may encounter in the course of your divorce, and help you better position yourself to navigate the divorce process easily and quickly. At the end of the assessment, you'll get a result to see how well you're fairing. With the result obtained, you can schedule a consultation with our divorce specialist, who will guide you on the following steps and help you create a personalized and strategic divorce plan.
Option #2: DIY Your Georgia Divorce
Considering that you can file a divorce online in Georgia, many people might want to go down this route to save on litigation and retainer fees. We want you to know that we fully support a Do-It-Yourself divorce. The Irooze Divorce Directory gives you access to various certified divorce professionals who can help you have a smooth and legally binding divorce.
When getting a DIY divorce in Georgia, you must have information on how the divorce process works, especially when there are marital properties and child custody, and support is required. For a DIY divorce, engaging the service of a professional divorce mediator is often the best. Mediation helps you to formalize a cordial agreement with your spouse, divide properties fairly, and decide on the custody of the children. The Irooze directory has vetted and experienced divorce professionals, such as Certified Divorce Financial Analyst CDFA®, Family mediators, lawyers, judges, a variety of coaches, and Certified Divorce Specialists CDS. Carefully read through their bios and watch their videos to understand better how they can help you overcome this stage. Once you find a suitable divorce specialist, don't hesitate to reach out and schedule a consultation with them.
However, if you're unsure who is the most appropriate divorce professional based on your needs and budget and you'd like us to help you build the most suitable team in your state, take the complimentary self-assessment, and let's get you started.
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