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4 important questions about divorce in Georgia

On Behalf of | Mar 10, 2022 | Divorce |

A no-contest divorce is a stressful experience, and a contested one is even more difficult. Remaining calm and learning all you can about the process is essential.

Divorce law varies from state to state. If you are seeking a divorce in Georgia, there are some important things you need to know.

1. How long is the divorce process?

It may take as little as 30 days to process a simple, no-fault divorce in Georgia. A contested divorce in which the court must determine fault, divide property or decide custody issues will take much longer.

2. Is separation required before divorce?

Georgia law does not mandate separation before filing for divorce. However, you and your spouse may choose to live separately without pursuing divorce through a process called separate maintenance.

3. Who gets the family home?

In Georgia, the court assigns marital property through equitable division. Unlike community property states which divide assets equally, a Georgia court will assess what is fair. This means that even if you are not the titleholder, you may retain possession of your home.

4. Are divorce records public?

Court proceedings are available to the public in Georgia and all other states. If you settle your divorce in court, the case is a matter of public record.

Divorces that do not go through the court, such as those settled through mediation or a collaborative agreement, can remain private.

You can relieve some fear and uncertainty about the divorce process by educating yourself. Before filing for divorce, be sure to ask and find answers to your most pressing questions so you can move forward with confidence.