Gwinnett Divorce Attorney
Types of Divorce and Legal Requirements
In Georgia, there are two main types of divorce: contested and uncontested. In an uncontested divorce, the two parties have already agreed upon arrangements with regard to child custody, child and spousal support, and the division of assets. In a contested divorce, there is a disagreement on one or more issues.
There are also some legal requirements that must be met before you may file for divorce in our state. For instance, you or your spouse must have been a Georgia resident for at least six months. Additionally, you and your spouse must already be legally separated before filing for divorce.
Grounds for Divorce in Georgia
If you meet the preliminary legal requirements for divorce, then you may file a petition with the court. On the petition, you will be asked to cite the reason why you are asking for divorce. Georgia recognizes 13 reasons or grounds for divorce, including:
- Adultery by either spouse
- Desertion or abandonment by either spouse for at least one year
- Habitual intoxication or drug addiction
- Cruel treatment such as physical or mental abuse
- An irretrievably broken marriage
Fault vs. No-Fault Divorce
If you indicate an “irretrievably broken marriage” on your petition, your divorce will be considered as no-fault. This means that neither spouse is to blame for the dissolution of the marriage—you simply have grown apart and there is no chance of reconciliation.
On the other hand, if you indicate a fault-based reason for divorce, you will have to prove the fault of your spouse in court.