What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Georgia Divorce Records
- What Are the Residency Requirements for Divorce in Georgia?
- What Are the Grounds for Divorce in Georgia?
- How Much Does It Cost to File for Divorce in Georgia?
- How Long Is the Waiting Period for Divorce in Georgia?
- How To File for Divorce in Georgia?
- Are Divorce Records Public in Georgia?
- How To Get Certified Copies of a Divorce Decree in Georgia?
- Divorce Settlement: Is Georgia a 50/50 State?
- FAQs about the Divorce Process in Georgia
Georgia Divorce Records
Historically, divorce rates in Georgia have seen a significant decline since 1990 when the state recorded 5.5 divorces per 1,000 population. As of 2022, the divorce rate in the state stands at 2.1 per 1,000 population, making it one of the top 10 states in the United States with the lowest divorce rates.
There are three main types of divorce records in Georgia:
- Divorce Decree: This is the final order issued by the court terminating a marriage. It includes information on property division, child custody and support, and alimony. It was created by the superior court in the county where the divorce was finalized and maintained by the clerk of that court.
- Divorce Case File: This is a detailed file with documents filed during the divorce proceedings, including evidence, motions, testimonies, and court orders. It is created in the superior court and maintained by the clerk of the court
- Divorce Verification: Sometimes called a divorce certificate, the divorce verification is a document providing basic information confirming the divorce, including the names of the involved parties, the date, and the county where the divorce was finalized. It is maintained by the Georgia Department of Public Health's Vital Records Office.
What Are the Residency Requirements for Divorce in Georgia?
According to Section 19-5-2 of the Georgia Code, you or your spouse must have lived in Georgia for a minimum of six months before filing for divorce. A member of the armed forces may file for divorce in Georgia if they have lived in any United States Army post or military reservation within Georgia for one year prior to filing the divorce petition.
What Are the Grounds for Divorce in Georgia?
There are 13 statutory grounds for divorce in Georgia:
- Impotence at the time of marriage
- Adultery in either of the parties after the marriage
- Cruel treatment
- Incurable mental illness
- Habitual drug addiction
- Mental incapacity at the time of marriage
- Force, duress, menace, or fraud in obtaining the marriage
- Habitual intoxication
- Willful and continued desertion by either of the parties for one year
- Pregnancy of the wife by a man other than the husband, at the time of the marriage, that is not known to the husband
- Intermarriage by persons within the prohibited degrees of consanguinity
- The conviction of either party for an offense involving moral turpitude and under which he or she is sentenced to imprisonment in a penal institution for a term of two years or longer
- The marriage is irretrievably broken
How Much Does It Cost to File for Divorce in Georgia?
The fee for filing a divorce complaint in a Georgia court ranges between $200 and $280. However, if you are unable to afford the fees, you may file an Affidavit of Indigence or Poverty Affidavit. Still, the total typical cost for uncontested divorces in the state ranges between $11,000 and $13,000. However, the complexities of a contested divorce may make the cost reach up to $20,000 or more.
Compared to the national average cost of finalizing a divorce of between $15,000 and $20,000, getting a divorce in Georgia may be cheaper in the Peach State. The average cost of finalizing a divorce with children and without children in neighboring Alabama is $18,800 and $12,500, respectively. In Florida, it costs about $20,300 to finalize a divorce with children, while the approximate average cost of a divorce without children is $13,500.
Besides the costs of filing a divorce complaint in court, the following costs influence the total cost of finalizing a divorce in Georgia:
- Attorney fees
- Mediation costs
- Parenting seminar
- Expert witness
- Appraisal fees
- Child custody evaluations
- Court motion fees
- Tax implications
How Long Is the Waiting Period for Divorce in Georgia?
There is a 31-day cooling off period after the non-filing spouse has been served with divorce papers in uncontested divorces in Georgia. The cooling-off period allows the court time to review the case and ensures both parties are committed to the decision. Note that the cooling-off period is not the same as a separation period. A separation period refers to the period over which spouses intending to get divorced are required to live apart from each other before filing for a divorce.
How To File for Divorce in Georgia?
In order to file for divorce in Georgia, you must meet the residency requirements of the state and have legal grounds to file for divorce in Georgia.
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File the Complaint for Divorce: Submit the completed paperwork to the clerk of the superior court. This court may be in the county where you both resided if your spouse has relocated to another county within six months of the filing date.
However, if your spouse has moved out of state, you may file in your county. Other than the complaint form, you may need other documents such as the Domestic Relations Financial Affidavit, Child Support Worksheet and Schedules, Court's Standing Order, and Domestic Relations Case Filing Information Form. The appropriate forms may be found on the Georgia Courts website.
- Serve Divorce Papers: Ensure the respondent is formally notified. Use a county sheriff's office or a private process server for contested divorces. In uncontested divorces, a notarized Acknowledgment of Service form may replace formal service.
- Spouse Response: The respondent has 30 days to respond to the petition, either agreeing to or disputing its claims. Failure to respond typically results in approval of the filing party's terms.
- Negotiate and Settle: Most divorces are resolved through mediation or settlement discussions, avoiding court. Mediation may be ordered by a judge based on case complexity.
- Court Hearing and Final Judgment: If mediation fails, a judge or jury will rule on unresolved issues like alimony or asset division. The judge's final order concludes the divorce and sets binding terms.
Are Divorce Records Public in Georgia?
Divorce records are public in Georgia and are maintained by public offices. The Georgia Open Records Act allows the public to inspect and obtain copies of records maintained by public agencies or offices in the state.
Hence, you may access divorce case files from the clerk of the superior court where the case was finalized. Also, divorce verifications may be obtained from the Georgia Department of Public Health's Vital Records Office.
Note that some divorce records may be inaccessible to the public. If the court is convinced that making a record public may hurt the privacy of an involved party and that the damage from the disclosure of such a record outweighs the benefits of having the record accessible to the public, it may order the sealing of such divorce record. Also, if a divorce record contains proprietary business or personal information that the public should not access, the court may order the record sealed.
Once a divorce record is sealed, it may only be accessed by the divorced parties, their legal representatives, court officials involved in the case, and authorized government agencies with valid interests.
How To Get Certified Copies of a Divorce Decree in Georgia?
Copies of divorce decrees are maintained by the clerk of the superior court in the county in which the divorce was finalized. Hence, requests for divorce decrees must go through the superior court. You may submit your request in person by visiting the clerk's office, completing any required form, providing valid identification, and paying the applicable fee.
Divorce Settlement: Is Georgia a 50/50 State?
Georgia follows equitable property distribution laws in divorces and is therefore not a 50/50 community property state. Hence, marital assets are not necessarily divided equally but fairly in a divorce. In order to determine how the property will be divided in a Georgia divorce, the court will consider the following factors:
- The duration of the marriage
- The age and health of the spouses
- The parental duties and expenses between the spouses
- Whether either spouse is at fault for causing a depreciation in marital property
- The current and potential income of the spouses
- The debts and liabilities of the spouses
- The value of each spouse's separate property
- The extent to which each spouse contributed to acquiring existing marital property
By contrast, marital property is seen as equally owned by spouses in community property states. Hence, marital property is divided equally in such states.
FAQs about the Divorce Process in Georgia
Here are answers to frequently asked questions about the divorce process in Georgia.
How Do I Modify a Divorce Decree in Georgia?
To modify a divorce decree in Georgia, you must submit a petition for modification with the superior court where the original divorce decree was issued. You will need to specify the requested changes and provide evidence supporting the need for modification. Also, the non-filing party must be notified of the petition via proper service. After, both parties must present their cases in a hearing and demonstrate material changes warranting the modification.
Section 19-9-3 of the Georgia Code provides for the modification of child custody and child support orders, while Section 19-6-19 of the Georgia Code provides for the termination of alimony under certain conditions.
Note that you may typically file for the modification of the divorce decree only once every two years.
How Do I Enforce a Divorce Decree in Georgia?
If a party fails to comply with the terms of a divorce decree, the other party may seek the enforcement of the order via the Georgia court system. Some conditions under which the enforcement of a divorce decree may be warranted include unpaid child support and alimony, non-compliance with visitation or custody orders, and failure to divide marital property.
In order to enforce a divorce decree, you must document the breach by keeping detailed records of non-compliance with tangible proof. After, file a motion for contempt with the superior court that issued the divorce decree. You will be required to serve the non-compliant party in order to notify them of the proceedings.
Subsequently, the court will schedule a hearing which both parties must attend to argue their case. If the court finds the non-compliant party in contempt, it may order measures such as wage garnishment, fines, modifications to custody or visitation arrangements, and jail time in severe cases of willful non-compliance.
What Are the Restrictions to a Divorce Decree in Georgia?
O.C.G.A. § 19-6 and § 19-9 outline restrictions on the modification of divorce decrees issued in the state.
- Child custody and visitation: Requests may be made for modification where the petitioning party can prove a material change in circumstances since the original decree. The modifications must be changes that would be in the child's best interest, such as parental health, relocation, or evolving needs of the child. The basis for this modification is governed by O.C.G.A. § 19-9-3.
- Child Support: If a significant change in either parent's financial situation such as job loss, salary increase, or new dependents, modifications may be permitted according to O.C.G.A. § 19-6-15
- Alimony: Per O.C.G.A. § 19-6-19, changes in the financial circumstances of either party may be grounds for the modification of the spousal support arrangement
Note that once finalized, the division of marital assets and debts is non-modifiable. However, exceptions occur for fraud, misrepresentation, or undisclosed assets during the divorce proceedings.
Can I Efile My Divorce in Georgia?
Depending on the county where you intend to file your petition in Georgia, e-filing may be mandatory. For instance, e-filing is mandatory in the superior court of Richmond County. Efiling may be done in Georgia using PeachCourt or the Odyssey eFileGA.
How Do You Serve Divorce Papers in Georgia?
Divorce papers may be served on the respondent using the sheriff's office, licensed private process servers, or authorized individuals. Note that the authorized individual must be 18 or older and not be a friend, family member, or petitioner. If the other party cannot be found, the state allows service by publication. In such an instance, notice is published in the county's legal newspapers for a period of weeks.
Does Georgia Mandate Couples to Participate in Divorce Mediation or Counselling?
Georgia does not universally mandate mediation or counseling in all divorce cases. However, mediation is typically required for cases involving contested custody or visitation matters, as long as the parties involved are represented by an attorney and no allegation of domestic abuse. However, mediation is generally waived if both parties agree on all terms of the divorce.
How Do I Seal My Divorce Records in Georgia?
You may seal all or parts of a divorce record to protect sensitive information. However, you require court approval before you may seal your divorce record. Note that it is more common to have part of the divorce records sealed than entire records. Portions of divorce records that are commonly sealed include identities of minor children in the case, financial information, mental health information, domestic abuse allegations, medical records, and business information.
After filing a motion to seal your divorce record, you must provide supporting evidence when attending a hearing scheduled by the court. At the court, the judge will decide on issuing a sealing order.
How Does Georgia Calculate Alimony?
Courts in Georgia determine alimony on a case-by-case basis. There is no set formula for calculating alimony in the state. Per Section 19-6-1 of the Georgia Code, the court will consider certain factors in determining alimony. Such factors include the duration of the marriage, financial resources, and needs, earning capacities of the spouses,the standard of living during the marriage, contributions to the marriage, the age and health of the spouses, fault in the divorce, and the time required for self-sufficiency.
How Do I Access Historic Divorce Records in Georgia?
In Georgia, divorces were permitted as early as 1793, but until 1832, they required approval from the state legislature to be finalized. Records of these legislative approvals are preserved in the Name File Index maintained by the Georgia Department of Archives and History. Hence, to access historic divorce records in Georgia, contact the superior court where the divorce was finalized or the Georgia Department of Archives and History.
