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A Look at Georgia's Divorce Laws

Are you considering filing divorce papers? If so, it is important to talk to a divorce attorney in Cumming as soon as possible. Only an experienced family law practitioner can inform you of your rights in your state. A family lawyer is also familiar with local family court practices and can make sure your finances are protected. Always speak to a divorce attorney about your specific circumstances. Continue reading for a brief overview of family law in Georgia.

Georgia Citizenship

As your divorce attorney will explain, filing for divorce in Georgia requires that you are a citizen of the state. If you fail to meet Georgia residency requirements, a state family court cannot grant your divorce. According to family law, you must be a resident of Georgia for six months before you and your divorce attorney can ask the court to grant a divorce. A Georgia Court can grant a divorce to a Georgia citizen regardless of whether the spouse is a citizen of Georgia. As your attorney will explain, you must file divorce papers in your county of residence.

Legal Grounds

To file for divorce, you must declare a state grounds for divorce. A filing spouse will need to substantiate those grounds in order for the court to be authorized to grant the divorce. In Georgia, you may file for no-fault divorce, stating that the marriage is irretrievably broken. You may also cite several grounds for a fault divorce, which might relate to: mental incapacitation at the time of marriage, that your former spouse has deserted you, or that your ex-used fraud to convince you to marry. Additionally, drug addiction, mental illness, cruelty, and impotency are also proper grounds for the family court to grant a fault divorce.

Divorce Papers

Finally, you and your family attorney must file all necessary legal documents, sometimes generally referred to as divorce papers. Divorce papers involve, but aren't aligned to, a petition for divorce, which you and your attorney file. The family court will then grant a final judgment and decree of divorce which makes the divorce official.

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