Divorce in Georgia
Halt | March 10, 2021 | 0 Comments

Ending Marital Relation In Georgia: Things You Should Consider Beforehand

Are you sick of your married life and does it feel like you can’t go on with it anymore? Are you currently settled in Georgia? Then this article is for you.

There can be several reasons for a marriage to fall apart. Most of the aspects are generally similar worldwide.

  • Abusive behavior.
  • Extramarital affair.
  • Drug addiction.
  • Emotional detachment.
  • Toxic relation. Etc.

To be with a person, you cannot bear anymore, and constantly facing him or her may turn more toxic with time. That is the moment people usually start considering divorce as a better solution.

However, many may not want that initially; there can be several reasons behind it too!

  • The love somewhat may feel like is still there; hence the hope.
  • Not feeling emotionally strong to suffer a divorce.
  • Not yet mentally ready to live alone.
  • Not yet in a position to live alone.
  • Religious prohibition.
  • absence of a legal provision
  • Possible financial loss.

Now The Question Is, Is There Any Way Out?

Yes, there certainly is! In many countries, there is legal separation, which can save you from both an unnerving married life and the trauma of a painful divorce at the same time. However, legal separation, in Georgia uses a different term which is known as separate maintenance action. But keep in mind that it is different than a divorce in Georgia.

What Is The Significance Of Separate Maintenance Action?

What is the Significance of Separate Maintenance action

In Georgia, this action allows the husband and wife to live separately, without having marital responsibilities, while the marriage stays legally valid.

Among the many benefits of this act, the best one must be to allow the couple a much-needed break from each other besides, time and space to think thoroughly about their lives, analyze the trouble, and see if there is anything left to mend and start once more.

So if you are not feeling confident about your decision or some other issues that are not in your favor, a separate maintenance act can be the solution for you if you are living in Georgia.

However, if you are keen to get a divorce, you must know that you have to be a resident of Georgia for at least six months to file a divorce here. Besides,  there are a few issues you must ensure before deciding on filing one.

  1. Having a clear understanding of your legal rights.
  2. A comfortable financial situation and your control over it.
  3. A firm decision and stronghold on your emotion.
  4. Ensured physical and mental provision for your children.

What Is The Way Forward If You Have Decided On A Divorce In Georgia?

What is the Way Forward if You Have Decided on a Divorce in Georgia

First, you should talk to a counselor to understand your situation better and to be aware of all your legal rights and barriers as well as the pros and cons of divorce in Georgia. They would also help you with suggestions to decide your further actions.

Once you are all settled for a divorce then hire a lawyer to handle the case for you.

Every case of divorce in Georgia is different, therefore, many of its aspects are uncertain. Like, the time it would take to get the divorce, or the amount of money you may need to spend can not be decided beforehand. And depending on your situation you may want to end your relationship differently.

  1. You can go for a litigation divorce.
  2. You can go for an out-of-court settlement.

The settlement is always a better option considering the amount of time, energy, and possible harassment it costs. It also affects the mental health of your child. However, what is best suited for you can only be decided after knowing your case thoroughly. But if you want to avoid a litigated divorce, these are the ways you may follow:

  1. Arbitration
  2. Mediation
  3. A collaboration
  4. An independent settlement.

Even if you want to settle your case inside the court, you may choose a no-fault divorce in case you don’t want to discuss your issues in the court in Georgia. This way you can keep your privacy intact while still getting the divorce. For this, you have to declare that your relationship has irreversibly broken and there is no way to revive it again.

The settlement is always a better

However, if it’s a general divorce case, here are a few matters you may need to know-

  1. If you are the plaintiff, you get some advantage from the court. Such as, during each trial you will be given the chance to talk a first and at the last as well. Moreover, the trial would also be more likely in your control.
  2. If your spouse has filed the divorce, and you don’t want it, the court will still grant it for your partner.
  3. To get an annulment your case needs to be based on at least one of these grounds:
    1. You had no sexual relation with your partner ever since you got married.
    2. Your partner is a fraud.
    3. One of the parties is under-aged for giving the consent.
  4. To file a divorce, you need to file a “Complaint” or a “Petition”, with the proper jurisdictional Superior Court. This is a document that includes information to establish the appropriate jurisdiction and venue. After that, you have to pay a filing fee.
  5. Between the time you file the case and the end of the trial, a number of issues will be discussed. They include issues of child custody, child support, visitation, alimony, your debts, and possession, etc.
  6. At the end of the trial the judge will declare his decision regarding the issues, including who would get the custody of the child and about visitation; also how the properties and debts will be divided, as well as the matter of the alimony and child support, will be decided by the court.

Final Thoughts

It doesn’t matter if you choose to divorce willingly or unwillingly, making the decision to divorce is in most cases a painful solution; in many cases, it can be devastating too. And most of the time couples who take divorce hastily, often regret the decision their whole life. So, before you decide on getting a divorce make sure to discuss with a personal/professional counselor to guide you for a better understanding.