What is a ‘no-fault’ divorce?
To obtain a divorce on this basis (irretrievably broken), one party must establish that he or she refuses to live with the other spouse, and that there is not a hope of reconciliation. It is not necessary to show that there was any fault or wrongdoing by either party.
Is there a residence requirement for getting a divorce in Georgia?
Yes, one spouse must have lived in the State of Georgia for 6 months or must have been the last docile of the marriage.
Must I go to court to get the divorce?
Not necessarily. Spouses may be able to reach an agreement resolving all issues arising from the marriage, including finances, division of property, and custody and visitation of children. The agreement is presented to the Court as a Settlement Agreement, and upon approval, made an Order of the Court. The Court’s order, called a Final Decree, concludes the lawsuit. If, however, the parties cannot reach an agreement, the issues will be resolved by the judge or a jury.
How long does it take to get a divorce?
If both parties are in agreement, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the Defendant has acknowledged service or is served with the Complaint for Divorce. If the parties involved are in disagreement as to any matter, the divorce will be obtained when the case reaches the Court, which can take many months.