GEORGIA DIVORCE LAWS:
The Residency Requirement: The petitioner must have lived in Georgia for six months.
No Fault: The marriage is irretrievably broken (the parties will not be granted a divorce until 30 days after the time of filing).
Fault: Intermarriage by persons within the prohibited degrees of consanguinity or affinity; Mental incapacitation; Impotence at the time of getting married; Force, duress and fraud; Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband; Adultery by either spouse; Willful and continued desertion by either of the spouses for the term of one year; Conviction of a felony and imprisoned for a term of two years or longer; Habitual drunkenness; Cruel treatment; Incurable mental illness; Habitual drug addiction.
Property Division: By case law, not by statute, Georgia is an equitable-distribution, dual-classification state. That means that property is classified as either separate or marital; separate property must go to the property owner, while marital property is divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally (click the following for an expert's overview and key tips on dividing up property through divorce).
Alimony: Alimony can be awarded to either the husband or wife, based on the standard of living established during the marriage; the duration of the marriage; age, physical, and emotional condition of the parties; contributions to the marriage; and financial condition of the parties.
Child Custody and Support: As in every state, custody is based on “the best interests of the child.” Legal and/or physical custody may be awarded to the father or the mother (click the following for an overview and list of articles on child custody and child support).
Georgia child-support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes.
For a combined adjusted gross monthly income of:
- $2,000, support for one child is $437; for two children, $624; for three children, $723.
- $5,000, support for one child is $917; for two children, $1,297; for three children, $1,500.
- $10,000, support for one child is $1,259; for two children, $1,749; for three children, $1,992.
Georgia has an on-line calculator that can give you an idea of child support in your case: https://services.georgia.gov/dhr/cspp/do/public/SupportCalc
Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.