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Frequently Asked Questions About Divorce In Georgia

While a divorce process may appear straightforward, dealing with paperwork, court deadlines and negotiations often leads to more stressful questions than expected. These situations deserve help from divorce attorneys who understand Georgia laws and care about protecting your future.

For over 30 years, The Manely Firm, P.C., has helped Georgians navigate divorce with skill, strategy and care. When you are feeling uncertain, our Marietta lawyers step in and help you understand what is ahead by answering the following common questions.

What are the grounds for divorce in Georgia?

The Peach State’s law provides both fault-based and no-fault grounds for divorce. Many couples pursue the no-fault option by simply stating their marriage is “irretrievably broken” with no hope of reconciliation. This approach does not require proving wrongdoing by either spouse.

For fault-based divorces, Georgia recognizes several grounds, including:

  • Adultery during marriage
  • Cruel treatment that endangers life or health
  • Habitual intoxication or drug addiction
  • Mental incapacity at the time of marriage
  • Marriage obtained by force, fraud or duress
  • Conviction and imprisonment for certain offenses
  • Habitual drug addiction

While no-fault divorces typically move forward more quickly with less conflict, fault-based grounds may influence court decisions regarding alimony, property division and custody arrangements in certain circumstances. Every divorce starts by choosing the correct grounds, and the wrong choices can delay or damage your case.

What is the difference between contested and uncontested divorce?

An uncontested divorce means both spouses agree on all issues like custody, money and property division. This process usually moves quickly and avoids trial. A contested divorce, on the other hand, happens when one or more issues cannot be resolved. These take longer to resolve and involve more complex legal procedures that depend on the judges’ final verdict.

How long does the divorce process take in Georgia?

Even the fastest divorces in Georgia require at least 31 days after filing to be finalized. If your case is contested, it can take months or longer, especially if custody or high-value assets are involved. Some courts move faster than others, depending on where you live.

What are the legal implications of a divorce on children?

Courts prioritize the best interests of the child when determining:

  • Legal custody (decision-making authority)
  • Physical custody (where children live)
  • Visitation schedules
  • Child support payments

Factors considered include each parent’s stability, existing relationships, physical/mental health, any history of family violence and sometimes the child’s preferences. However, these arrangements can be modified if the circumstances significantly change.

Reach Out To The Manely Firm, P.C., Today

Even after our FAQ answers, you may still be facing big changes or dilemmas, but you do not have to face them alone. Our offices in Marietta, Atlanta, Columbus, Cumming, Savannah or Lawrenceville, Georgia, offer extensive clear answers and real solutions. Whether you are at the start of a divorce or deep in the middle of one, feel free to contact us online or call us at 866-687-8561. You will always find a team ready to help.