Divorce in Georgia: everything you need to know
Discover more about divorce in Georgia and understand what you need to know to make informed decisions.
Summary
There are 13 grounds for divorce in Georgia which you must have before you can be granted a divorce.
The average cost of divorce in Georgia was $14,700, with $11,600 being made up of attorney’s fees.
Georgia does not have a mandatory separation period for divorce.
A financial advisor can help you navigate your finances during a divorce and rebuild afterward.
What are the different types of divorce in Georgia?
Georgia recognizes two types of divorce: no-fault and fault-based.
No-fault divorce: A no-fault divorce means that you do not have to prove that your spouse did something wrong to end the marriage. You can state that the marriage is irretrievably broken and that there is no hope of reconciliation. A no-fault divorce is usually faster and easier than a fault-based divorce, as it does not require a trial or evidence.
Fault divorce: A fault-based divorce means that you have to prove that your spouse committed one of the 13 grounds for divorce in Georgia, such as adultery, cruelty, or desertion. A fault-based divorce may be necessary if you want to seek a specific outcome, such as alimony, custody, or property division, that depends on the conduct of your spouse. However, a fault-based divorce is usually more expensive and contentious than a no-fault divorce, as it involves litigation and accusations.
How much does a divorce cost in Georgia?
According to a 2020 survey by Martindale-Nolo, the average cost of divorce in Georgia was $14,700, with $11,600 of that being attorney’s fees.
However, the cost can vary widely, from as low as $4,100 for an uncontested divorce to as high as $41,500 for a contested divorce with complex issues.
Some of the costs that you may incur in a divorce in Georgia include:
Filing fees: These are the fees that you pay to the court to start the divorce process. They vary by county but are typically around $200.
Service fees: These are the fees you pay to have your spouse served with the divorce papers. Depending on the method of service, they can range from $20 to $100.
Attorney’s fees: These are the fees that you pay to your lawyer to represent you in the divorce. They can vary depending on the lawyer's experience and reputation, the complexity of the case, and the hourly rate or flat fee that the lawyer charges. According to Martindale-Nolo, the average hourly rate for a divorce lawyer in Georgia was $280 in 2020.
Mediation fees: These are the fees that you pay to a mediator to help you and your spouse reach an agreement on the issues in your divorce. Mediation is a voluntary and confidential process that can save you time and money by avoiding a trial. According to Martindale-Nolo, the average cost of mediation in Georgia was $3,000 in 2020.
Expert fees: These are the fees that you pay to experts who may be needed to provide testimony or evidence in your divorce, such as appraisers, accountants, psychologists, or child custody evaluators. The cost of experts can vary depending on their qualifications and the scope of their work.
Court costs: These are the fees that you pay to the court for various services, such as transcripts, copies, or subpoenas. They can vary depending on the county and the type of service.
How do you file for divorce in Georgia?
To file for divorce in Georgia, you must first meet the residency requirement, ensuring that either you or your spouse has lived in the state for a minimum of six months.
Once you've met that requirement, the next step is the start the process, this involves several steps:
Prepare Paperwork: Complete the necessary documents, including a complaint or petition for divorce, which should outline the grounds for divorce and the relief sought.
File with the Clerk of the Superior Court: Submit the completed paperwork to the Clerk of the Superior Court in the county where either you or your spouse resides.
Pay Filing Fee: Accompany your filing with the payment of a filing fee, typically around $200, though the exact amount may vary by county.
Serve Papers to Spouse: Serve a copy of the filed paperwork to your spouse through methods such as personal delivery, certified mail, or sheriff’s service.
Wait for Response: Allow your spouse 30 days to respond to the complaint, during which they can either agree to the terms or contest them.
Determine Divorce Type:
If both parties agree, you can proceed with an uncontested divorce and seek court approval for the mutually agreed-upon terms.
If disputes arise, a contested divorce is necessary, and the court will be involved in resolving the issues.
How do you split assets in a divorce in Georgia?
Georgia follows the equitable distribution principle, which means that marital property is divided fairly, but not necessarily equally, between the spouses.
The court will consider several factors when deciding how to divide marital property, such as:
The duration of the marriage
The contribution of each spouse to the acquisition, preservation, or improvement of the marital property
The income and earning potential of each spouse
The age and health of each spouse
The standard of living established during the marriage
The court will also consider any prenuptial or postnuptial agreements that the spouses may have signed as long as they are valid and enforceable.
How does alimony work in Georgia?
Alimony is a financial support that one spouse pays to the other after a divorce.
The purpose of alimony is to help the lower-income spouse maintain a reasonable standard of living and adjust to the economic changes caused by the divorce.
Georgia allows for two types of alimony: temporary and permanent.
Temporary alimony is paid while the divorce is pending in court, and it ends when the divorce is finalized.
Permanent alimony is part of the final divorce decree, and it continues after the divorce. However, permanent alimony is not necessarily for life. It can be modified or terminated if there is a substantial change in circumstances, such as remarriage, cohabitation, death, or retirement of either spouse.
How to protect your finances when going through a divorce in Georgia
You may have many questions and concerns about how to protect your assets, manage your debts, and plan for your future.
Here are some ways you can protect your money when going through a divorce:
Prepare your finances: Prior to filing for divorce, gather essential financial documents such as tax returns, bank statements, credit card bills, and retirement accounts. Create a comprehensive list of both marital and non-marital assets and liabilities. This step will facilitate fair negotiations regarding the division of property and debts with your spouse.
Consider mediation: Compared to going to court, mediation tends to be less time-consuming, less expensive, and less emotionally taxing. Additionally, it can contribute to maintaining a cooperative relationship with your spouse post-divorce.
Evaluate Social Security benefits: If your marriage lasted for at least 10 years, you may be eligible to receive Social Security benefits based on your ex-spouse's record. This can be particularly beneficial for securing additional income during retirement, especially if your ex-spouse had a higher income. However, it's essential to ensure that you meet the necessary criteria to qualify for this benefit.
Seek professional assistance: Divorce can have significant financial implications. Consider seeking guidance from a financial advisor who specializes in divorce to help you navigate these changes and plan for your future accordingly.
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