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Divorce

Before a couple can get married in Georgia, they must obtain a marriage license to ensure they satisfy the legal requirements to enter into a legally binding marriage. Accordingly, before a couple can get divorced in Georgia, they must petition the Court and go through the process to obtain an order granting their request to get a divorce.

 

1.  Georgia law provides thirteen (13) reasons to end a marriage:

2.  Marriage by two people who are too closely related to be married;

3.  Mental incapacity at the time of the marriage;

4.  Impotency at the time of marriage;

5.  Force, menace, duress, or fraud in obtaining the marriage;

6.  Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown by the husband;

7.  Adultery;

8.  Willful and continued desertion by either of the parties for the term of one year;

9.  The conviction of either party for certain offenses which resulted in imprisonment for two years or longer;

10.  Habitual intoxication;

11.  Cruel treatment;

12.  Incurable mental illness;

13.  Habitual drug addiction; and/or,

14.  The marriage is irretrievably broken.

If the divorce is granted based on one of the first twelve grounds, it is considered a “fault” divorce. However, if a divorce is irretrievably broken, meaning at least one of the parties just do not want to be married any longer due to irreconcilable differences, it is considered a “no fault” divorce.

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Uncontested Divorce

An uncontested divorce occurs when both spouses are able to agree on all issues, including asset and debt distribution, physical and legal custody of minor children, parenting time, child support and alimony. These issues must all be resolved before the case is filed for a divorce to be considered uncontested. If any issues are unresolved, including minor issues, the divorce cannot be considered to be uncontested.

 

Contested Divorces

A contested divorce occurs when spouses cannot agree on all pending issues at the time the divorce complaint is filed.