Georgia Divorce Grounds
Each divorce in the United State requires that there be grounds for why
the divorce is necessary or requested. These grounds are different for
each state, so the grounds for which an individual files needs to be
legal in the state of Georgia.
In this state one individual may file for a divorce but will have to
prove the grounds for which he or she is filing in a court of law. Both
spouses may file for a divorce together and conclude to why a divorce
Georgia grounds for divorce are separated into two different
categories. The first category is called the No-Fault based grounds.
In Georgia these grounds include an irretrievably broken marriage and
at least thirty days must pass before a divorce can be granted. Usually
under these grounds the couple has sought marriage counseling. No-Fault
based grounds do not name one individual as responsible for the divorce.
Fault based grounds often name one individual responsible for at least
one spouse requesting a divorce. These grounds include mental
incapacitation, the intermarriage of individuals within any prohibited
levels of affinity or consanguinity, pregnancy due to another man
outside of the marriage while the couple is still marriage, impotence
during the time period where the couple was wed, duress, fraud, force,
the conviction of a felony offense resulting in an imprisonment term of
two years or more, adultery, cruel treatment, habitual drug usage or
drunkenness, continued and willful desertion of one year or more, or an
irreversible mental illness.
Georgia Residential Requirements
Before filing for divorce individuals must be state residents for at
least one year before a petition is filed. This also includes those who
are stationed in Georgia on active military duty or for military
reservation but lowers the timeline to six months of residency.
All divorces are to be filed to the Georgia bankruptcy court of the
county in which an individual resides. If both spouses reside in
Georgia a divorce can be petitioned at either county of residency. If
the petitioner resides outside Georgia state lines then he or she is
allowed to petition for divorce in the Georgia county where his or her
Georgia Child Custody Laws
In the case of violence in a divorcing family, the court has the right
to prohibit visitations if the violence has been presented to the
court. Children who are over the age of fourteen have the right in
Georgia to decide which parent he or she wants to live.
The child has the foremost right in this situation unless the chosen
parent relinquishes parental rights and states that he or she is an
unfit parent. For children who are between the ages of eleven and
fourteen the court will consider the child's desires and the
educational necessities involved.
The court may choose to overrule a child's parent choice if it sees
that parent as unfit. The first and foremost decision for the court is
to look at which situation is best for the child. Most often the
parental desires are not always considered.