Laws regarding divorce vary from state to state.  If you are considering filing for a divorce in Georgia or if you have been handed divorce papers, here are some frequently asked questions that may help you with the divorce process.  Familiarizing yourself with the divorce laws in your state will help you out in the long run.  Here are some in Georgia:

What are the grounds for filing a divorce in the state of Georgia?
Georgia has 13 grounds for divorce.  12 grounds are considered fault, one is considered no-fault.  The 12 fault grounds are as follows: adultery, impotency, untreatable mental illness, forced marriage, pregnancy of wife by another man, intermarriage, willful and continued desertion of either spouse for over a year, physical violence, constant intoxication, habitual drug addictions and federal conviction of either party.

What constitutes as a no-fault divorce?
No-fault divorces are also known as irretrievably broken divorces.  It simply means that at least one spouse must decline living with the other because he/she sees no point of reconciliation.

How do you start filing for a divorce?
The plaintiff, also known as the person asking for the divorce, must file a complaint with the appropriate court.  The divorce complaint must include information on current living situation, children involved in the marriage, mutual and separate assets and/or debts and the reason for why he or she is asking for a divorce.

What should I do if I receive a complaint for divorce that my spouse has filed?
After you have received a request or complaint for divorce, you should look into hiring a divorce lawyer.  You may wish to dispute the claim for divorce or start looking to dispute any claims regarding child support, child custody, alimony, etc.

Can we live apart without divorcing?
Couples who don’t want to get a divorce, but want to live separately can file a separate maintenance action.  Legally, the couples are still married even though they are living separately.  However, depending on the ruling of court, alimony may be given to one spouse and property may have to be divided.

 What is alimony?
Alimony is a term that is frequently tossed around when it comes to divorce.  It simply refers to payment requirements by one party for another spouse to keep up with support and maintenance.  Alimony may be granted to the wife or the husband.  It may be short term or till the spouse receiving help remarries or passes away.  It can be paid one time with money or in the form of property or it can be paid incrementally over time.

Can my child decide where he/she wants to live?
Children who are over the age of 14 are able to decide which parent gets custody after getting approval from the court itself.  However the court does view importance for children to have a good relationship with both parents.  In accordance, the court will give parenting time to the parent without legal custody.

***The information contained on this page has been provided for informational purposes only. It is general in nature, and should not be mistaken for specific legal advice.  This article was not written by an attorney; it is recommended to consult with a GA divorce attorney for information specific to your divorce.