Between raw human emotions and an intricate judicial system, divorce is complex enough without misinformation making it harder. People may enter the process with assumptions they have gathered from friends, family, or the internet—only to learn that law and procedure work differently than expected. Here are five common myths about Georgia divorce proceedings, as well as the practical truth behind each one.
Myth 1: You always have to prove someone did something wrong.
Georgia recognizes both fault-based and no-fault divorce. That means a spouse can ask for a divorce because the marriage is “irretrievably broken,” without having to prove adultery, cruel treatment, desertion, and or other marital misconduct. Fault may still matter in some cases, particularly if it relates to the issues of equitable division and alimony, but it is not required in every divorce.
Myth 2: Everything is automatically split 50/50.
Georgia courts divide marital property using the principle of equitable division. “Equitable” means fair under the circumstances—not necessarily equal. The court may consider the parties’ finances, contributions, conduct, debts, and overall situation when deciding how marital assets and debts should be divided.
Myth 3: You can file in Georgia as soon as you move here.
In most cases, at least one spouse must be a bona fide resident of Georgia for a period of six months or more before filing for divorce. A nonresident spouse may still be able to file in Georgia if the other spouse has lived in Georgia, and in the county where the case is filed, for at least six months. If a spouse does not yet meet the residency requirement, that spouse may still file a separate maintenance action and seek similar remedies as they would in a divorce case.
Myth 4: Most cases go to trial.
Quite the opposite, over 90% of divorce cases settle before uncoupling spouses enter the courtroom. Many spouses can resolve some or all issues through negotiation, mediation, or some other form of alternative dispute resolution. Even when a case begins with disagreement, the parties often narrow the disputed issues before reaching the courtroom. Trial is usually reserved for cases where issues—such as custody, property division, support, or alimony—cannot be resolved by agreement.
Myth 5: Alimony is guaranteed.
Nothing in family law is guaranteed and alimony is no exception to this rule. Whether support is awarded depends on the facts of the case, including one spouse’s need, the other spouse’s ability to pay, the length of the marriage, the parties’ financial circumstances, and other relevant factors. The bottom line is every divorce is different. The best way to avoid surprises is to get advice based on your specific facts—not myths, rumors, or someone else’s experience. If you are considering divorce in Georgia, speaking with an experienced family law attorney can help you understand your options, protect your rights, and make informed decisions about the next step.
Kourtney Bernard-Rance
