If your spouse has moved away from Georgia, you can file the complaint at the Superior Court in your own county. If you and your spouse agree on the terms of separation, the court can grant your divorce in a little more than a month. However, if you and your spouse do not agree, the process may take several months or even years. The courts favor the best interests of the children, and so the parent who uses the best judgment in caring and planning for the children wins legal custody.
If both parents share equally in caretaking, courts may grant joint legal custody and joint physical custody.
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It's always best if you and your spouse can work to agree on custody issues, even after the court sets a custody plan for your case. This information was prepared as a public service of the State of Georgia to provide general information, not to advise on any specific legal problem.
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How Do I File for Divorce in Georgia
Skip to main content. While you can go about the proceedings on your own, you should still consult a family law attorney.
Lawyers often see trouble areas that you won't recognize at first and push divorce proceedings along more efficiently. Start keeping a monthly budget.
Legal Separation Prior to Filing a Divorce in Georgia | Atlanta Family Lawyer
Additional information and links to resources on divorce in Georgia may be found below. Georgia permits "irreconcilable differences" type of no fault divorces as well as fault divorces.
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You must live in Georgia for 6 months before you can obtain a divorce. If you live out of state, you may file against a Georgia resident.
In Georgia, is using a do-it-yourself web site for an Uncontested Divorce a Waste of Money?
There is no legal separation period required, and the divorce may be filed on the date of separation. Also, the parties may be considered separated for the purpose of divorce and still live in the same house. Carter : A court must consider the respective incomes of the mother and the father.
By requiring the father to bear the entire burden of the cost of raising the child, the court failed to consider the father's income in relation to the mother's. COM Please note: We are not a law firm.