Your marriage has broken down, and you no longer have the feelings for your spouse that you had at the beginning of the marriage. Although you may still love him or her, you decide to file papers for divorce.

The most common ground for divorce is when the marriage is irretrievably broken. In other words, you and your spouse decide that the two of you can no longer live together and there is no chance of reconciliation. The state of Georgia considers this an uncontested divorce in which both you and your spouse reach an agreement before filing.

There are fault grounds for a divorce. Some of these include:

  • Adultery
  • Desertion
  • Mental incapacity or insanity
  • Drug or alcohol addiction

The process of filing for a divorce

Whether you file divorce an uncontested or contested divorce, there are procedures.

  1. You or your spouse must have resided in the state of Georgia for at least six months. Also, one of you is to have lived in the county in which are filing for at least six months.
  2. You must file the divorce petition in the Superior Court of the county in which you live.
  3. At the time of the final hearing, the judge may decide child custody, support and visitation. Both parents may have to pay child support until the child reaches age 18, goes into the military or graduates from high school.
  4. If you changed your name at the beginning of the marriage, you do have the right to change it to a prior name or your maiden name.
  5. If you both agree upon all issues involved and the divorce proceedings continue as uncontested, the court may grant the divorce within 31 days after your spouse receives the complaint.

You and your spouse may have decided one of you will receive alimony payments. Georgia has two types of alimony: temporary and permanent. You may use temporary alimony as a way to transition yourself into your new life as a single person. A judge may award permanent alimony to a spouse who may not be able to support themselves financially due to health or disability.