DIVORCE GEORGIA - You need to take this into consideration
July 162009
Divorce Georgia style gives you several considerations for what you may need in order to qualify for and get a divorce in the state of Georgia.
You or the person you want to divorce has to have been an official resident of Georgia for at least six months up to the time that you file the papers. If you have been serving in the military and stationed in or based out of Georgia for at least one year, you can also file for a Georgia style divorce in any county in the state containing or adjacent to a military base or outpost.
Georgia is neither a fault nor a no-fault state, as some states are. Instead, grounds for filing for divorce on fault or no-fault grounds depend on the particular circumstances.
If you can prove that the marriage is “irretrievably broken”, which is especially helpful if both parties agree on this, then that can qualify for divorce not less than 30 days after the person you wish to divorce receives the filing papers from whoever is delivering them for the court on your behalf (a police officer).
“Fault” divorce grounds can be complex in Georgia, so you need to know what those grounds are.
*If you find out that your spouse married you knowing that they are a blood relative close enough to be prohibited from marriage to you.
*You can prove that your spouse married you while mentally incapacitated, or that since that time your spouse has been afflicted with an incurable mental illness.
*If you’re the wife, you can prove that your husband was impotent at the time of marriage.
*Violence or fraud were used against you in order for your spouse to get you to marry them.
*If you are the husband, you can prove that your wife got pregnant by another man without your knowledge or consent.
*Your spouse has been an adulterer after s/he married you.
*Your spouse has deserted you for a continuous period of not less than one year.
*Your spouse has been convicted of a crime that has sentenced them to prison for not less than two years prior to your filing papers.
*You can prove that your spouse is an alcoholic and/or a drug addict.
*Your spouse is violent toward you with such severity that your health, wellness, or life is threatened if you remain in the marriage.
If you think you have grounds for getting a Divorce Georgia style, it is imperative that you consult a lawyer who specializes in Georgia state divorce law, so that you file the right papers in the right place and you can be sure that you have grounds for divorce and can expect a fair settlement. Georgia is an “equitable distribution” state when it comes to assets and property, but equitable does not mean equal; it means what the court finds to be fair. Divorce Georgia style will require a lawyer to protect your interests, especially if you have children.