Georgia Divorce Start Your Divorce Find Professionals Georgia Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Georgia Products Divorce by County Welcome About Us 100% Guarantees Central Log in Contact Us Find Professionals Start Your Divorce States Categories Forms Divorce Laws Articles Forums Blogs Encyclopedia Checklists Tools Bookstore For Professionals Georgia Divorce Start Your Divorce Find Professionals Georgia Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Georgia Products Divorce by County In order to file for a divorce in Georgia, residency requirements must be met for the court to accept the case.
If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed.
The verdict of the jury disposing of the property in a divorce case shall be carried into effect by the court by entering such judgment or decree or taking such other steps as are usual in the exercise of the court's equitable powers to execute effectually and fully the jury's verdict.
These are the essential documents needed to start and finalize a divorce according to Georgia law.
There are anywhere from ten to twenty other documents that may be required throughout the filing process.
If a divorce is granted, the judgment or decree shall specify and restore to the party the name so prayed for in the pleadings.
(Georgia Code - Sections: 19-5-12, 19-5-16) Not all cases involve support from one spouse to the other.
Under no circumstances shall the court grant a divorce on this ground until not less than 30 days from the date of service on the respondent.
Fault: (1) Intermarriage by persons within the prohibited degrees of consanguinity or affinity; (2) Mental incapacity at the time of the marriage; (3) Impotency at the time of the marriage; (4) Force, menace, duress, or fraud in obtaining the marriage; (5) Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband; (6) Adultery in either of the parties after marriage; (7) Willful and continued desertion by either of the parties for the term of one year; (8) The conviction of either party for an offense involving moral turpitude, under which he is sentenced to imprisonment in a penal institution for a term of two years or longer; (9) Habitual intoxication; (10) Cruel treatment, which shall consist of the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb, or health; (11) Incurable mental illness. (Georgia Code - Sections: 19-5-3) In the Superior Court of _______________ County, Georgia.
The state of Georgia has a formula for determining the child support obligation based on a percentage of income.
These guidelines are applied when the two parents can not agree on a monthly support amount, and at which time the court will also take into consideration the following factors which would allow them to better determine the appropriate amount of monthly child support to be paid: (1) Ages of the children; (2) A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available; (3) Educational costs; (4) Day-care costs; (5) Shared physical custody arrangements, including extended visitation; (6) A party's other support obligations to another household; (7) Income that should be imputed to a party because of suppression of income; (8) In-kind income for the self-employed, such as reimbursed meals or a company car; (9) Other support a party is providing or will be providing, such as payment of a mortgage; (10) A party's own extraordinary needs, such as medical expenses; (11) Extreme economic circumstances including but not limited to: (A) Unusually high debt structure; or (B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over ,000.00 per annum; (12) Historical spending in the family for children which varies significantly from the percentage table; (13) Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact; (14) In-kind contribution of either parent; (15) The income of the custodial parent; (16) The cost of accident and sickness insurance coverage for dependent children included in the order; (17) Extraordinary travel expenses to exercise visitation or shared physical custody; and (18) Any other factor which the trier of fact deems to be required by the ends of justice.
In all cases in which a divorce is granted, the party not in default shall be entitled to the custody of the minor children of the marriage.