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Divorce FAQs

Knowledgeable Augusta Family Law Attorneys Answer Your Questions About Divorce

Georgia lawyers help secure your future

If you are contemplating a divorce, you probably have a number of questions about the law and the process. At Joseph T. Rhodes Law Firm, we believe our clients make the best decisions for their future when they are fully informed. That’s why we offer free initial consultations. We patiently answer your questions, so you understand the potential complexity of the issues and the range of options open to you. To get you started, we offer this brief list of frequently asked questions and answers.

Our divorce attorneys draw on decades of legal experience to address every issue related to dissolving your marriage. If you have additional questions, contact our firm to schedule an appointment.

Contact a compassionate and capable divorce attorney in Augusta for a free initial consultation

Joseph T. Rhodes Law Firm represents clients in divorce proceedings throughout Richmond, Columbia and Burke counties. For capable representation focused on securing your future, call 706-496-1616 or contact us online to schedule a free initial consultation at our Augusta office.

What are the grounds for divorce in Georgia?

The Georgia Code § 19-5-3 lists 12 traditional grounds for divorce. These are:

  • A relationship that constitutes incest
  • Mental incapacity at the time of the marriage
  • Impotency at the time of the marriage
  • Force, menace, duress, or fraud in obtaining the marriage
  • Pregnancy of the wife by a man other than the husband, at the time of the marriage, unknown to the husband
  • Adultery
  • Willful and continued desertion by either party for the term of one year
  • Conviction of either party for a crime of moral turpitude for a two-year or longer term
  • Habitual intoxication
  • Cruel treatment
  • Incurable mental illness
  • Habitual drug addiction

A petitioner who files for divorce alleging grounds must be prepared to offer evidence in court.

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Is there a waiting period for a divorce in Georgia?

There is no waiting period when the petitioner files alleging grounds. When a petitioner files no-fault, the court cannot grant the divorce until 30 days after the date of service on the respondent spouse. The waiting period is 120 days if the couple has children.

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Does Georgia allow for no-fault divorce?

Yes, a petitioner for divorce can file claiming the marriage is “irretrievably broken.” This filing does not require a finding of fault for either spouse.

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How does the court divide property in a divorce?

Georgia follows the process known as equitable distribution. This process allows the court to classify assets and debts as either marital property or separate property and then divide the pool of marital property in a manner that is fair, but not necessarily equal. The court considers numerous factors when deciding how much of the couple’s assets and debts should go to each party.

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Will I get alimony or have to pay it?

Alimony in Georgia is based on two main factors: the financial need of one spouse and the ability of the other spouse to pay. Georgia courts do not consider the sex of the parties when determining alimony. If one spouse has been dependent on the other for support, and the other has secure income, a court is likely to order alimony at least in the short term. Courts in George also consider whether one spouse has committed misconduct, such as adultery, that led to the breakdown of the marriage. If so, the court could modify the alimony order.

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Office Location
  • Augusta Office
    3540 Wheeler Road, Unit 402
    Augusta, Georgia 30909
    Phone: 706-496-1616
    Fax: 706-722-4817