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No Fault Divorce Georgia



In the state of Georgia, the divorcing spouse (individual who files divorce papers) by filing the petition in the family court or domestic relations circuit is referred to as the Petitioner. While, the other divorce partner (individual who receives the divorce paper through service) is called the Respondent. The venue for filing a divorce petition in Georgia is the Superior Court in various counties. 

Grounds of a Georgia No Fault Divorce:

There is only one ground for a No Fault Divorce Georgia and that is if the marriage has irretrievably broken down. This classification may occur for the following two reasons:

• Incompatibility of temperament

• Irreconcilable differences

In a Georgia no fault divorce, neither divorcing partner is required to provide any evidence or a wrongdoing by the other partner. Simply put, the two spouses can state that marriage is “not going well” to secure a divorce. 

Residency Requirements for No Fault Georgia Divorce:

It is required that one or both of the divorcing spouses reside in Georgia for at least six months before the date of filing the divorce papers. If this condition is not fulfilled, then, the following condition must be satisfied: Georgia must be the last state of domicile for both of the divorcing couple. 

Process of Obtaining a Georgia No Fault Divorce:

• The first step to obtaining a Georgia No Fault Divorce is the petitioner must file a complaint for divorce in their local Superior Court. This complaint will include the following information:

                     o Child custody arrangements

                     o Specific grounds of divorce

                     o Debt and asset details

                     o Present living arrangements

• After the divorce papers have been filled-out the petitioner will deliver them to his/her spouse. The papers should be delivered by the town’s Sheriff.

• It is expected that the party receiving the divorce papers appeal the filing before 30 days have passed since the date of the filing. With such an appeal, the Respondent may contest any issue of the filing.

• If the respondent fails to respond within 30 days of delivery, the right to contest the filing is lost.

• If the divorcing partners agree with one another concerning the issues of the divorce (i.e. spousal support, child custody, property division, maintenance etc.) then there is no necessity that such a couple should attend court; it is sufficient, in these circumstances, to sign a legal separation agreement. This agreement will reflect all legal matters of the marriage. This form of Georgia divorce (uncontested) is an expedited dissolution of marriage.
 • A Georgia judge may enforce temporary arrangements regarding the management of assets and debts, spousal maintenance and child custody. These orders will be observed till the final date of the hearing. 

• During the final divorce hearing, the judge will render child custody decisions and award visitation schedules. The best interests of the child are considered by the judge, when selecting shared or sole custody. 

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