Filing For Divorce in Georgia

• You and your spouse are relatives.
• You or your spouse was mentally incapacitated when you got married.
• You or your spouse was impotent when you got married and continues to be so.
• The two of you were forced to be married.
• The wife was pregnant by another man at the time of marriage, and the husband didn’t know about it.
• You or your spouse committed adultery — had an affair.
• One of you deserted the other for at least a year.
• One of you is sentenced to jail for two years or more.
• You or your spouse is habitually drunk or addicted to drugs.
• One of you is mentally or physically cruel to the other.
• You or your spouse is certifiably and incurably mentally ill.  

• The adultery, desertion, cruel treatment or intoxication you complained of was actually planned by the two of you in order to get a divorce.
• You or your spouse had consented to the adultery, desertion, cruel treatment or intoxication that you’re now complaining of.
• Both of you behaved in the same way.
• You or your spouse condoned the acts that you’re now complaining of, and you continued to live together. 

4. How does Georgia determine the division of property?    
If you and your spouse can agree on how to divide your property, you can present a settlement agreement to the court. If you can’t agree, the court will decide for you. Georgia is an equitable distribution state, meaning the court considers certain factors to determine a fair (though not necessarily equal) division of the marital property. It’s not necessarily a 50/50 split.  

Martial property is anything you acquired during your marriage, including gifts purchased for one another with marital money and pensions. Non-marital property is property you acquired before you were married, property you received as an inheritance or gift, and property you and your spouse agree to exclude from the division. The court considers these factors when determining how to divide your marital property:

• The monetary and non­monetary contributions each of you made toward the well-being of your family during your marriage.
• The value of you and your spouse’s separate property.
• You and your spouse’s economic circumstances.
• What caused your marriage to end.
• How long you were married.
• You and your spouse’s ages and physical and mental conditions.
• How your marital property was acquired and the role you each played in that.
• Alimony or other circumstances that have a financial impact.
• Any other factors the court considers necessary for a “fair and equitable” division.      

5. Does Georgia require mediation before a divorce is granted?      
No, Georgia doesn’t require mediation as a rule before granting a divorce, though the court may require it on a case-by-case basis.