If you and your spouse are considering getting a divorce in Georgia, there are some legal requirements that must be met first. Here’s what you need to know about qualifying for a dissolution of marriage and how to take the first step in filing your divorce papers.

Residency Requirements

Under Georgia law, at least one spouse must be a legal resident of the state for at least 6 months. Additionally, this is the spouse who must initiate the divorce filings — the spouse that is not a Georgia resident cannot initiate divorce filings in the state.

In Case of Reconciliation

Georgia courts impose a certain waiting period before initiating divorce proceedings, because couples may reconcile, thus eliminating the need for the divorce to continue. A Georgia court prefers to provide couples who are heated and fighting — something that is part of every relationship — with enough time to cool off and sort through their feelings to determine if a divorce is truly the right decision for their situation. As a result, a divorce will not be granted in less than 30 days after the initial filing has been made and the non-initiating spouse has been served with divorce papers, even if both parties agree to the divorce before the 30 day time frame has passed.

No-Fault Divorces in Georgia

Like many other states, the most common type of divorce in Georgia is a “no fault” divorce. Even in cases where a spouse may have cheated or there are other legal grounds for the divorce, the proceedings are much faster by simply filing for a no-fault divorce. All that needs to be shown to the court in order to obtain a no-fault divorce is that there has been an irretrievable breakdown in the marriage and reconciliation is not possible. In a fault-divorce, you must be able to legally prove the justification for the divorce.

When to Contact an Experienced Divorce Attorney

If you are considering getting a divorce, or simply want to learn more about your legal options, it is in your best interest to meet with a seasoned divorce lawyer as soon as possible. The legal system in Georgia can be complex, and you need guidance and support during this difficult time.

At the Law Office of Elyssa K. Williams, we have the resources and expertise to guide you step by step through each stage of the divorce process, and will passionately advocate for your rights and best interests at every turn. Call today for a consultation at (678) 566-6770 or (678) 613-5732.