What is an annulment?
An annulment, in essence, sets aside the marriage as if it never existed.

What are the procedures for annulment?
The procedures for annulment are very similar to the procedures for divorce.

Can I get an annulment if we have had a child together during the marriage?
Under O.C.G.A. Section 19-4-1, an annulment may not be granted if children were or are to be born as a result of the marriage.

What are the grounds for divorce in Georgia?
In Georgia there are 13 grounds for divorce. One ground is irretrievably broken (sometimes referred to as the no-fault ground). The other 12 grounds for divorce in Georgia are fault grounds.

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 no hope of reconciliation. It is not necessary for both parties to agree the marriage is irretrievably broken. Also, it is not necessary to show that there was any fault or wrongdoing by either party.

What are the fault grounds?
To obtain a divorce on one of the 12 fault grounds, one must prove that there was some wrongdoing by one of the parties to the marriage. As an example, one fault ground is adultery. Adultery in Georgia includes heterosexual and homosexual relations between one spouse and another individual.

Another fault ground for divorce in Georgia is desertion. A divorce may be granted on the grounds that a person has deserted his or her spouse willfully for at least one year. Other fault grounds include

• mental or physical abuse
• marriage between persons who are too closely related
• mental incapacity at the time of marriage
• impotency at the time of marriage
• force or fraud in obtaining the marriage
• pregnancy of the wife unknown to the husband at the time of the marriage
• conviction and imprisonment for certain crimes
• habitual intoxication or drug addiction
• mental illness

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 Georgia must have been the last domicile of the marriage.

Must the husband and wife live apart when a divorce complaint is filed?
No, but the spouses must be considered separated in a legal sense before one can file for a divorce. Spouses may be considered separated even if they are living in the same house if they are not sharing the same room and/or not having a sexual relationship.

How does one file for a divorce?
The person seeking the divorce (the plaintiff) will file a document called a complaint with the appropriate superior court. This complaint includes information on the marriage including present living arrangements, children of the marriage, assets, debts and the specific grounds on which he or she is seeking the divorce. A copy of the complaint will be served on the other spouse (the defendant) by the sheriff, unless the defendant chooses to acknowledge service by law.

Where does one file for a divorce?
A complaint for divorce should be filed in the superior court of the defendant's county of residence or, if the defendant has recently moved from the state of Georgia, in the county of the plaintiff's residence. This would be considered the domicile of the marriage. Upon the defendant's consent, the complaint may be filed in the plaintiff's county of residence regardless of whether or not the defendant has moved from the state of Georgia.

What should I do if I receive a complaint for divorce that my spouse has filed?
The spouse who receives the complaint should promptly consult an attorney. The spouse may contest the reason claimed for the divorce or contest the claims for child custody, child support, alimony or property division by filing an answer with the court.

Is there a way to live apart without divorcing?
A party who wishes to live apart permanently, but who does not want to get a divorce, may file a separate maintenance action. The spouses will remain legally married although living apart. The court may order that alimony be paid by one spouse to the other and the court may divide property between the parties.

Must I go to court to get a 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 judgment and decree, concludes the lawsuit. If the parties cannot reach an agreement, a judge or jury will resolve the issues. However, a judge always decides matters of child custody and parenting time.

How long does it take to get a divorce?
If there is agreement between the parties, the divorce is considered uncontested. An uncontested divorce may be granted 31 days after the defendant has been served with the complaint for divorce. If there is disagreement as to any matter, the divorce will be obtained when the case reaches the court, which can take many months.

What happens while I wait to go to court?
Either of the spouses may request a temporary hearing. This hearing is not a final trial. A temporary hearing resolves the issues of child custody, parenting time, child support, alimony, debts and possession of property on a temporary basis until the final trial. The judge will issue a temporary order that applies only until the time of the final trial. The temporary order may also prohibit one party from interfering with the other party or the children and prevent the transfer and selling of assets.

What is decided at final trial?
Child custody, parenting time, child support, division of marital property and debts, and alimony are decided at final trial. The judge decides questions of child custody and parenting time. The judge alone or a 12-person jury (if one of the parties has requested) will resolve all of the financial issues of the marriage, such as division of property, division of debts, alimony and certain findings concerning child support (gross income of both parties and whether any deviations from the presumptive amount of child support are in the best interests of the child, and if so, what those deviations should be). At the final trial, both spouses present evidence by his or her own testimony and may call other witnesses. The decision rendered by a judge or jury is written into a court order that is binding upon both parties. The wife's maiden or former name can be re-established if she so desires.

What is alimony?
Alimony is payment by one spouse to the other for support and maintenance. The court may grant alimony to either the husband or wife. Alimony may be for a limited period or until the spouse receiving alimony dies or remarries. It may be paid in one payment of money or property, or it may be paid over a period of time. Factors the court will consider in determining alimony include the length of the marriage; health of each party; assets of each party; and the contributions of each party to homemaking, child raising, and career building of the other party.

What happens to "our" possessions in a divorce?
One of the most difficult and complex areas of divorce is the division of marital property. Marital property is all property acquired during the marriage, except for property received by gift from a third party or by inheritance. Each spouse is entitled to an equitable share of all marital property acquired during the marriage. The judge or jury will decide on the division of marital property. Marital property will be divided equitably (not necessarily equally) between the parties regardless of how the title to the property is held. There is no set formula or percentage amount used to divide marital property.

How will the court order be enforced?
The court order may be enforced by garnishment or a contempt action. A contempt action is filed in the same court that issued the divorce. In addition, support orders can be enforced through the district attorney's office if the non-paying spouse resides out of town.

Can I have my maiden or former name restored?
Yes, in a divorce you may have your maiden or prior name restored to you.  You must put this request in your complaint or petition for divorce in the section where you tell the court what you would like it to do for you.  Since it is in your divorce proceeding there is no extra charge for this and you do not have to have the name change published separately.

What is an Uncontested Divorce?
An Uncontested Divorce is when both parties are in agreement with all of the terms of the divorce, including all issues pertaining to custody, alimony, child support and division of assets. It does not, however, necessarily mean that both parties actually want the divorce. An uncontested divorce can still go forward even if one party initially does not want to get the divorce. Also, “uncontested” does not refer to the fact that neither side is contesting the divorce. Rather, it generally means that NO ISSUES are contested.

How long will it take to have my divorce finalized if it is an uncontested divorce?
It depends on many factors, including, in which county the divorce will be filed. Usually the divorce can be finalized within a couple of months after the paperwork is filed with the court. The specific answer is that once every document is signed and filed with the Court, the Court may not grant the divorce for at least thirty-one (31) days.

Can one attorney represent both parties for the Uncontested Divorce if we are in agreement with all of the issues?
No. An attorney can only represent one party in the divorce. We always advise both parties to hire an attorney.

If my divorce is uncontested, why do I need an attorney to represent me if my spouse already hired an attorney?
An attorney will be able to draft all of the paperwork and necessary pleadings that are required by the court to be filed in any divorce case. Your attorney will be able to ensure that your interests are protected both at the time of your divorce as well as in the future. In addition, if your spouse’s attorney prepared the pleadings to be filed with the court, any attorney you retain would be able to review the language that an attorney for your spouse may have drafted, and again ensure that your interests are adequately protected. Of course, you are allowed to represent yourself, but you will be required to follow all applicable rules and the relevant law.

What do I do if I am the victim of family violence?
Georgia has a law protecting victims of family violence. The parties do not have to be married in order for a victim to ask the court for relief. However, the parties have to reside in the same household. A victim of family violence can file a petition with the superior court that family violence has occurred in the past and may occur in the future. The court can issue a temporary order granting a variety of remedies, including eviction of the offending party from the residence or providing suitable alternate housing for the victim and children, as well as financial relief.

The victim does not need an attorney to file a family violence petition. The clerk of the superior court in the victim's residing county may provide forms for the petition or be able to direct a victim to a family violence shelter or social service agency for direction.