Divorce is stressful, but it doesn’t have to be a nightmare. When you are informed and well prepared for filing for divorce and child custody, things go more smoothly. While there may be many uncertainties regarding the emotional ramifications for the divorcing parties and their children, you should arm yourself with the proper legal assistance to make the process as smooth as possible.
Here are some essential facts you need to know about filing for divorce and child custody in Georgia:
Georgia is a No-Fault State
Georgia allows for no-fault divorces. This means that either spouse can file for divorce without showing the other party did something wrong. Although Georgia is a no-fault state, the party initiating the divorce must still identify the grounds for the divorce. In Georgia, there are thirteen different grounds for divorce to choose from when filing. One of the grounds for divorce is that the marriage is irretrievable. This is the no-fault ground for divorce. Other grounds for divorce include reasons such as adultery, cruel treatment, mental incapacity, drug addiction, and desertion by one of the spouses for a minimum of one year, among others.
Residency Requirements
One of the parties must have resided in Georgia for six months to file for divorce in Georgia. The courts even require this if one of the parties moved out of the state. If one person has lived there for six months, that person can file for divorce in the state.
Waiting Period
In Georgia, the minimum waiting period is 30 days, depending on the complexity of the case. However, it typically takes significantly longer.
Property Division
Georgia is an equitable distribution state. This means that the courts will fairly divide any property acquired during the marriage during the divorce. The court does not differentiate whose name is on the title. The court will divide marital assets and debts equitably, not necessarily equally.
What You Need to Know about the Top Concern in Most Divorces: Child Custody
Like all states, Georgia courts begin divorce proceedings with the presumption that it is in the child’s best interests to have continuous, frequent contact with both parents following a divorce. Before arriving at a child custody hearing, you need to craft a parenting plan that outlines details, including but not limited to:
- A schedule for the child’s time with each parent, with an outline making clear who the child will spend time with for each day of the year
- A proposal for transportation arrangements and drop-off points when a child leaves one parent to visit the other
- An agreement about how a parent may contact a child when that child is in the other parent’s care
During the custody proceedings, the court will consider your child’s best interests. It will consider the points made by both parents and carefully consider your child’s health, safety, and comfort. After the court awards custody, this decision cannot be changed unless there’s a significant change in family circumstances.
While beginning the process of filing for divorce and child custody may be overwhelming, you do not have to go through it alone. At the Reeder Law Firm, our divorce attorneys have supported parents going through divorce and child custody for almost 25 years. Because of the intricacies of the law and your unique situation, you should consider speaking with one of our family law attorneys to get the support and solid legal advice you need.
You don’t have to find answers about filing for divorce and child custody alone. Call (770) 475-2521 to contact the Cumming, Ga family law attorneys at Reeder Law Firm now, and get help.
