Most couples want to get their divorce over with as quickly and hassle-free as possible.
The good news for Georgia couples who are planning on filing for divorce is that the state’s laws are no-fault based.
In some fault-based states, one spouse needs to prove that the other is to blame for the marriage ending. However, in no-fault states like Georgia, this isn’t necessary.
The benefits of a no-fault divorce
Not being forced to pin the blame on one spouse to get divorced has several advantages:
- It saves time, which means divorcees will see savings in attorney fees and court costs
- It is less stressful
- There is a better chance the divorce will be amicable
How does no-fault divorce work in Georgia?
In this process, the divorcing spouse only needs to demonstrate that there has been an irretrievable breakdown in the marriage.
An irretrievable breakdown means the spouses, for whatever reason, are no longer compatible and have no interest in resolving their differences.
Requirements for all Georgia divorces
While no-fault divorce is generally the path of least resistance, Georgia does have a process that couples must follow.
The first is Georgia’s residency requirement. State law requires that at least one of the spouses involved needs to be a Georgia resident for at least six months. If only one is a Georgia resident, then that spouse must be the one to file for divorce.
The second requirement is the mandatory waiting period in Georgia divorces. The courts will not finalize a divorce within 30 days of the papers being served to the non-filing spouse.
The month following filing is meant to be a cooling-off period in which both spouses can mull their decision over. The courts want to allow couples to reconcile, if possible. If not, the case will continue, and the divorce can be finalized.
Are you interested in seeking a divorce?
Even if spouses don’t have to go to great lengths to explain why they want to end their marriage, they could benefit from consulting with a lawyer. An experienced family attorney could be a useful resource while navigating your no-fault divorce.