Georgia is an Equitable Distribution State

Like most US States, Georgia law divides marital assets and debts according to the doctrine of “equitable distribution.” This means that the court begins with a presumption of a 50/50 split, but then makes a decision based on fairness, specific to the given parties and their divorce case. The court will look at factors such as who was the primary earner in the marriage, the health and education of both parties, and which spouse will have primary custody of any children of the marriage. In general, only marital property will be divided -- the parties will automatically keep anything that they owned before the marriage. The court will only make these decisions in a contested divorce. In an uncontested divorce case, the couple will have negotiated their own settlement agreement, which the court will merely have to approve before issuing a divorce decree.

Georgia Residency Requirements

Under Georgia law, at least one spouse must have been a Georgia resident for at least six months in order for a couple to be eligible for a Georgia divorce.

Additionally, the divorce must be filed in the superior court for the county where the respondent (the spouse who files the second set of divorce forms, responding to the petition) lives. You do not need to have gotten married in Georgia in order to be eligible to get divorced in Georgia.

Georgia's "Cooling Off" Period

Under Georgia law, a minimum of 30 days must elapse between the initial filing of divorce papers and when the court will issue a final judgement. This “cooling off” period represents the absolute minimum amount of time a divorce can take legally. In practice, even uncontested divorce proceedings tend to take at least several weeks, as the court does not necessarily have room in its schedule to immediately address new cases. Of course, the uncontested divorce process is considerably faster than the contested divorce process, and the more contentious a case is, the longer it is likely to take.

Georgia Child Custody

There are two kinds of child custody -- physical and legal. Physical custody addresses where the child is living and which parent is responsible for their daily care. Legal custody addresses how important decisions are made for the child regarding topics like healthcare, religion, and education. Physical and legal custody do not necessarily have to be split up the same way; parents can stipulate an arrangement that works for their family in their settlement agreement. In Georgia, courts presume that the custody of any children of the marriage will be split 50/50, but they may make other arrangements when it’s appropriate. Children over the age of 14 are often allowed to decide for themselves which parent they wish to live with.

Georgia Co-Parenting

For couples with kids, one of the most important aspects of negotiating settlement agreement is developing a parenting plan. This plan will outline whether custody and parenting time will be shared equally, or if one parent will be the child’s primary caregiver. You can visit www.custodyexchange.com if you would like to see examples of common co-parenting schedules.

Georgia Child Support

In Georgia, child support is calculated based on the income of both parents, certain expenses associated with raising the child, and how much time each parent has the child in their custody. Child support either ends when the child reaches age 18 or can continue until the child graduates from high school if that happens later. If the child has not graduated by their 20th birthday, then child support will be terminated at that time.

Georgia Alimony

Alimony -- also known as spousal support -- is money that the law requires one spouse to pay the other following the dissolution of their marriage. It is usually paid on a monthly basis, and it is completely separate from child support. If certain forms of fault are proven against a spouse, that spouse is precluded from receiving alimony altogether. Otherwise, alimony is usually awarded if the marriage was long-term (10+ years) and one spouse has a limited earning potential. Georgia law does not have any set formula for spousal support; it is left up to the discretion of the court. Of course, divorcing couples are also allowed to negotiate alimony on their own in an uncontested divorce.

Georgia Filing Fees

In Georgia, the filing fee for a divorce is around $200 (varying slightly by county). This number only represents the basic court costs. It is possible that an uncontested divorce can be completed from start to finish for this amount if neither spouse hires a process server, seeks legal advice, or seeks online help. However, a contested divorce, whether fought in court, negotiated with a mediator, or subjected to a collaborative divorce process will end up costing at least several thousand dollars.

Georgia Divorce Courts

• Georgia superior court
  
  

• Georgia Child Support Calculator

• Georgia Child Support Portal

Georgia Divorce Articles

• Georgia Divorce: A Peach of a Process ...

• Ten Steps in an Uncontested Divorce

• 48 Divorce Statistics

• What is an online divorce?

Georgia Divorce Forms

• Fulton county

• Dekalb county

• Clayton county

• Gwinnett county
  
  
• Southern judicial circuit
  
  
• Chattahoochee county
  
  
• Appalachian county
  
  
• Dougherty county
• Griffin county

Online Info on Other States

• Online divorce in California
  
  
• Online divorce in New York
  
  
• Online divorce in Florida
  
  
• Online divorce in Pennsylvania
  
  
• Online divorce in Ohio
  
  
• Online divorce in Illinois
  
  
• Online divorce in New Jersey
  
  
• Online divorce in Virginia
  
  
• Online divorce in Texas

Different counties in Georgia are responding to the COVID-19 pandemic in different ways, and you can visit your local court website for the most precise and up-to-date information. In general, Georgia courts statewide are encouraged to conduct as much of their business as possible via video conferencing. Additionally, there are statewide guidelines for safer in-person operations. There may also be court delays associated with the current public health crisis. If you opt for an online divorce with  It’s Over Easy, your divorce will most likely be unaffected by COVID-19.